OF  ECONOMICS 


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KANSAS  LABOR  LAWS 


AND 


LAWS  ESPECIALLY  AFFECTING 
THE  EMPLOYMENT  OF 


(Annotated) 


Compiled  for  State  Department  of 
Labor  and  Industry 


BY 

RICHARD  E.  McINTOSH 


January,  1918 


DOCUMENTS 


KANSAS  LABOR  LAWS 


AND 


LAWS  ESPECIALLY  AFFECTING  THE  EMPLOY- 
MENT  OF  LABOR 

(ANNOTATED) 


Compiled  for  State  Department  of  Labor  and  Industry 

BY 
RICHARD  E.  McINTOSH 


JANUARY,  1918 


KANSAS    STATE    PRINTING    PLANT. 

W.  11.  SMITH,  STATE   PRIXTER. 

TOPEKA.        1918. 

7-1725 


<•-" 


DOCUMENTS 

DEPT. 


PREFACE. 


The  large  number  of  laws  in  the  General  Statute  book  of  the  state  of 
Kansas,  and  the  consequential  unwieldy  size  of  the  volume,  make  it  incon- 
venient for  use  by  those  who  are  interested  only  in  the  laws  relating  to 
one  subject.  Especially  is  this  true  of  the  labor  laws,  as  portions  of  many 
statutes  having  a  more  or  less  direct  bearing  upon  the  relationship 
between  employer  and  employee  are  scattered  through  the  entire  book, 
on  account  of  their  closer  relation  to  other  general  subjects,  and  are 
therefore  easily  overlooked  by  the  layman  who  is  honestly  trying  to 
comply  with  the  labor  laws  of  the  state. 

In  the  work  of  law  enforcement  the  Department  of  Labor  and  Indus- 
try has  found  that  in  many  cases  the  law  is  unintentionally  violated 
because  of  the  failure  of  the  offending  parties  to  know  or  properly  under- 
stand the  requirements  of  the  statutes.  Some  employers  are  found  also 
who  take  advantage  of  the  fact  that  their  employees  do  not  know  of  the 
protection  offered  by  the  laws,  and  who  deliberately  ignore  their  legal  ob- 
ligations. 

To  meet  this  situation  and  to  place  within  the  reach  of  every  employer 
and  worker  the  opportunity  to  familiarize  himself  with  the  laws  affecting 
labor,  this  book  has  been  prepared  and  a  sufficient  number  printed  for 
free  distribution  to  those  interested  therein. 

An  effort  has  been  made  to  include  in  a  small  and  conveniently  ar- 
ranged volume  all  the  laws  relating  to  the  employment  of  labor  and  to  the 
relationship  between  employer  and  employee  in  the  state  of  Kansas, 
including  the  latest  labor  laws  and  amendments,  arranged  and  indexed  so 
as  to  make  them  readily  accessible. 

It  is  the  present  intention  of  the  department  to  issue  a  supplement 
to  this  volume  at  the  close  of  the  next  and  succeeding  sessions  of  the 
legislature,  containing  such  changes  and  additions  as  are  made  necessary 
by  new  acts  that  are  passed  from  time  to  time. 

In  the  preparation  of  this  book  the  department  feels  that  it  has  been 
fortunate  in  securing  the  services  of  Mr.  Richard  E.  Mclntosh,  of  the 
Topeka  bar,  the  compiler  of  the  General  Statutes  of  Kansas  for  1915. 
His  experience  in  having  so  recently  compiled  all  of  the  statutes  of  the 
state  has  peculiarly  fitted  him  for  the  work  of  compiling  this  volume, 
and  should  insure  its  completeness  and  accuracy. 

In  presenting  to  the  public  this  compilation  of  labor  laws  of  the  state 
of  Kansas  we  hope  it  will  accomplish  the  purpose  for  which  it  is  in- 
tended, and  that  it  will  assist  both  employers  and  workers  to  become 
familiar  with  the  requirements  of  the  statutes  and  thus  result  in  a  better 
compliance  therewith.  p<  j  McBRIDE, 

Commissioner  of  Labor. 
TOPEKA,  KAX.,  JANUARY,  1918. 


738483 


COMPILER'S  NOTE. 


This  book  contains  the  laws  in  force  in  the  state  of  Kansas  pertaining 
to  the  employment  of  labor.  Some  acts  which  do  not  relate  especially  to 
labor,  particularly  criminal  statutes,  have  been  included  for  the  reason 
that  there  appeared  to  be  some  phase  of  the  operation  of  the  act  which 
was  of  interest  to  employers  or  to  employees. 

The  amendments  to  the  workmen's  compensation  act,  passed  at  the 
1917  session  of  the  legislature,  as  well  as  all  other  new  acts  and  amend- 
ments affecting  labor,  have  been  included. 

The  digest  at  the  head  of  each  section,  the  digest  of  sections  at  the 
beginning  of  each  chapter  or  article,  and  the  alphabetically  arranged  in- 
dex covering  the  whole  book,  should  make  it  possible  for  any  one  to  turn 
to  the  law  relating  to  any  given  proposition. 

The  sections  which  have  been  construed  by  the  supreme  court  of  Kan- 
sas (up  to  January  1,  1918)  are  followed  by  a  note  showing  the  con- 
struction placed  upon  them  and  citing  the  pertinent  cases.  Reference  is 
also  made  to  cases  decided  by  the  supreme  court  of  the  United  States 
affecting  the  construction  or  constitutionality  of  acts  printed  herein. 

The  punctuation  of  the  original  acts  has  been  followed.  The  boldface 
digest  of  each  section  is  the  work  of  the  compiler  and  forms  no  part  of  the 
act  as  passed  by  the  legislature. 

The  acts  contained  herein  will  of  course  remain  unchanged  until  an- 
other session  of  the  legislature.  Federal  acts  have  not  been  printed  in 
full,  but  exhaustive  notes  have  been  inserted  covering  the  substance  of 
such  as  are  of  particular  importance  in  Kansas. 

RICHARD  E.  McINTOSH. 

TOPEKA,  KAN.,  JANUARY,  1918. 


TABLE  OF  CONTENTS. 


CH.  PAGE 

1.  Constitutional  provisions  (|§  1-10) 7 

2.  Accidents  (§§  11-14) '. 11 

3.  Apprentices  (§§  15-38) 12 

4.  Arbitration  (§§  39-48) 17 

5.  Barber  board  (§§  49-59) 19 

6.  Blacklisting,  etc.  (§§  60-64} 23 

7.  Chairs,  etc.,  for  women  and  girls  (§§  65-66) 24 

8.  Child  labor  (§§  67-85) - 25 

9.  Civil-service  commission  (§§  86-113) 32 

10.  Civil  service  in  cities  of  the  first  class  (§  §114-133) 41 

11.  Construction,  etc.,  of  buildings,  etc.  (§§  134-135) 48 

12.  Convict  labor  (§§  136-160) 49 

ART.  1.    Labor  performed  within  penitentiary  grounds  (§§  136-153) 49 

2.    Labor  performed  outside  penitentiary  grounds  (§§  154-160) 55 

13.  County  prisoners  (§§  161-162) 57 

14.  Department  of  labor  and  industry  (§§  163-180) 58 

15.  Elections  (§§  181-185) 66 

16.  Employment  offices  and  agencies  ( §  §  186-197) 67 

17.  Explosives,  storage,  handling,  etc.  (§§  198-204) 70 

18.  Fire  protection  (§ §  205-218) 7S 

19.  Free  employment  bureau  and  free  employment  agencies  (§§  219-227) 78 

20.  Holidays  (§§  228-232) 80 

21.  Industrial  welfare  commission  (§§  233-253) ; 81 

22.  Injunctions  in  labor  cases  (§§254-257) 88 

23.  Liens  for  labor  (§§  258-284) 90 

ART.  1.    Liens  on  personal  property  (§§  258-266) 90 

2.  Liens  on  oil  and  gas  leaseholds  (§§  267-270) 92 

3.  Mechanics'  liens  (§§  271-281) ' 93 

4.  Bond  to  secure  payment  of  claims  (§§  282-284) 100 

24.  Manufacturing  establishments  (§§  285-292) 102 

25.  Militia  (§293) 105 

26.  Mines  and  mining  (§§  294-399) 106 

ART.  1.    Acts  of  miner  endangering  lives,  etc.  (§§  294-296) 106 

2.  Bath-houses  at  coal  mines  (§§  297-301) 107 

3.  Black  powder,  use  in  coal  mines  (§§  302-307) 109 

4.  Dynamite  and  other  detonating  explosives  (§§  308-312) 110 

5.  Escape-shafts  in  coal  mines  (§§  313-317) Ill 

6.  Examining  board,  certification  of  miners  (§§  318-328) .' 113 

7.  Fraudulent  use  of  check  numbers  ( §  §  329-330) 116 

8.  General  act  for  health  and  safety  of  miners.    (Act  of  1883.)    (§§  331-342) ....    117 

9.  General  act  for  health  and  safety  of  miners.    (Act  of  1897.)    (§§  343-359) ....    123 

10.  Lead  and  zinc  mines,  eight-hour  day  (§§  360-361) 129 

11.  Mine-rescue  work  (§§362-370) 129 

12.  Room-and-pillar  plan,  entries,  etc.  (§§  371-373) Io2 

13.  Shot-firers,  firing  of  shots,  etc.  (§§  374-381) 133 

14.  Sprinkling  and  removal  of  dust,  etc.  (§§  382-386) 135 

15.  Telephone  systems  in  coal  mines  (§§  387-392) 136 

16.  Weighing  of  coal  at  the  mine  (§§  393-399) 187 


KANSAS  LABOR  LAWS. 


TABLE  OF  CONTENTS— CONCLUDED. 

CH.  PAGE 

27.  Misdemeanors,  jurisdiction  (§  400) 139 

28.  Mother's  aid  (§§  401-404) 140 

29.  Night  schools  (§§  405-410) 143 

30.  Officers,  importing  or  personating  (§§  411-414) 144 

31.  Old  soldiers'  preference  law  (§§  415-418) 145 

32.  Paroled  and  discharged  prisoners  (§  419) 147 

33.  Plumbers,  examination  and  certification  (§§  420-426) .  147 

34.  Poll  tax  (§  427) 149 

35.  Public  work,  eight-hour  day  (§§  428-430) 151 

36.  Railroads  (§§431-491) 152 

ART.  1.    Bond  from  contractor  for  protection  of  laborers,  etc.  (§§431,  432) 153 

2.  Clearance  of  overhead  structures  (§§  433,  434) 154 

3.  Damages  caused  by  negligence  of  agents,  etc.  ( §  §  4S5-437) 154 

4.  Damages  from  neglect  on  part  of  railroad  company  (§  438) 156 

5.  Destroying  or  injuring  railroad  property,  etc.  (§§  439-442) • 157 

6.  Flagman  stationed  to  protect  train  (§§  443-446) 158 

7.  Free  passes,  etc.  (§§  447-454) 159 

8.  Frogs,  switches,  and  guard-rails,  rilling,  etc.  (§§  455,  456) 161 

9.  Headlights  on  locomotives,  requirements  (§  §  457,  458) 162 

10.  Hours  of  labor  (§§  459,  460) 162 

11.  Injury  to  or  death  of  employee,  liability  of  railroad  company  (§§  461-466) .  .  .   164 

12.  Interlocking  or  automatic  signals  at  crossings  (§  467) 166 

13.  Journal  brass,  penalty  for  removal  (§§  468-469) 166 

14.  Obstructing  operation  of  railroad  (§§  470-473) 167 

15.  Passengers  on  freight  trains  (.§§  474-476) 168 

16.  PUot  for  detoured  trains  (§§  477,  478) 169 

17.  Shelter  for  laborers  constructing  or  repairing  equipment  (§§  479,  480) 169 

18.  Street  railway  across  tracks  of  railroad  (§§  481,  482) 170 

19.  Switch  lights  and  lights  controlling  movement  of  trains  (§§  483-485) 110 

20.  Way  cars  or  cabooses,  size  and  construction  (§§486-488) 171 

21.  Wires  crossing  tracks  of  railroad  (§§  489-491) 112 

37.  Small  debtors'  courts  (§§  492-503) 1"J3 

38.  Street  railways  and  interurban  lines  (§§  504-507) 176 

39.  Sunday  labor  (§§  508-511) 178 

40.  Union  labels,  trade-marks,  etc.  (,§§  512-517) 179 

41.  Unlawful  assemblies  (§§  518-521) "" ".81 

42.  Vagrancy  (§§  522-528) 182 

43.  Wages,  payment,  collection,  etc.  (§§  529-556) 184 

ART.  1.    Claims  for  wages,  exemption  ( §  529) 184 

2.  Drawing  check  or  draft  when  no  funds  deposited  (§§  530-535) . 185 

3.  Exemption  of  wages  earned  in  another  state  (§  536) 186 

4.  Garnishment,  amount  of  personal  earnings  taken  (§§  537,  538). 186 

5.  Insolvency,  wages  preferred  (§  539) Ib9 

6.  Resignation  or  discharge  of  employee,  payment  of  wages  (§§  540-541) 189 

7.  Semimonthly  payment  by  corporations  (§§  542-544) 190 

8.  Time  checks,  due  bills,  script,  orders,  etc.  (§§  545-548) 190 

9.  Time  for  bringing  actions  for  wages  (§  549) 191 

10.    Weekly  payment  in  lawful  money  by  certain  corporations  (§§  550-556) 192 

44.  Workmen's  compensation  act  (§§  557-603) 194 

45.  Wrongful  death  (§§  604-605) 220 

Index .  223 


KANSAS  LABOR  LAWS. 


CHAPTER  1,— CONSTITUTIONAL  PROVISIONS. 


§1.  People  have  right  to  assemble,  etc., 
and  petition  for  redress  of  griev- 
ances. 

2.  Right  of  trial  by  jury. 

3.  Slavery   and  involuntary  servitude  pro- 

hibited ;    exception. 

4.  Habeas     corpus,     when    right    to     writ 

suspended. 

5.  Bailable    offenses;    fines;    cruel    or    un- 


§6.  Trial;  defense  of  accused;  witnesses; 
speedy  public  trial ;  impartial  jury ; 
former  jeopardy. 

7.  Liberty  of  the  press;  free  speech;  libel. 

8.  No    person    to    be    transported;    convic- 

tion not  to  work  corruption  of  blood. 

9.  Imprisonment  for  debt. 

10.  Remedy  for  injuries  by  due  course  of 
law;  justice  without  delay. 


usual  punishment. 

SECTIONS  OF  BILL  OF  RIGHTS. 

§  1.  People  have  right  to  assemble,  etc.,  and  petition  for  redress  of 
grievances.  The  people  have  the  right  to  assemble,  in  a  peaceable  man- 
ner, to  consult  for  their  common  good,  to  instruct  their  representatives, 
and  to  petition  the  government,  or  any  department  thereof,,  for  the  re- 
dress of  grievances.  [G.  S.  1915,  §  107.] 

§  2.  Right  of  trial  by  jury.  The  right  of  trial  by  jury  shall  be  invio- 
late. [G.  S.  1915,  §  109.] 

Verdict    of    jury    must  *  be    verdict    of    each    individual    juror.       Bowman    v.    Wheaton, 

2  K.  A.  581. 
Superadded  conditions  of  recognizance  not  cause  for  dismissal  on  appeal.     City  of  Kansas 

City  v.  Hescher,  4  K.  A.  782. 

Applied  only  to  cases  so  triable  at  common  law.     Kimball  et  al.  v.  Connor  et  al.,  3  K.  414, 
Municipal  court  try  without  jury  when  jury  obtainable  on   appeal."     City  of   Emporia  v. 

Volmer,   12  K.  622. 
In  action  for  recovery  of  money,  jury  may  be  demanded.     Board  of  Education  v.  Scoviller 

13  K.  17. 

Duty  of  courts  to  enforce  rigid  observance  of  statutes.     The  State  v.  Snyder,  20  K.  306. 
Where    no    jury    in    first    instance,    right    on    appeal    inviolate.      In    re    Rolfs,    Petitioner, 

30  K.  761. 
Power  of  legislature  limited  by  provisions  of  bill  of  rights.     Atchison   Street  Rly.   Co.  v. 

Mo.  Pac.  Rly.  Co.,  31  K.  665. 
Not  entitled  to  trial  by  jury  for  violating  city  ordinance.     The  State,   ex  rel.,  v.   City  of 

Topeka,  36  K.  85. 

Appeal  to  court  with  jury  must  be  without  unreasonable  restrictions.     In  re  Jahn,  Peti- 
tioner, 55  K.  697. 

Twelve  jurors  necessary  in  trial  on  felony  charge.     The  State  v.  Simons,  61  K.  752. 
Trial  in  police  court  without  jury  does  not  violate  section.     In  re  Effie  Kinsel,  64  K.  3. 
Right  to  jury  of  twelve  may  be  waived  in  misdemeanors.     The  State  v.  Wells,  69  K.  793. 
Section    not    violated    by    jury    of    four    in    lunacy    inquest.      The    State    v.    Linderholm, 

84  K.  603. 

§  3.  Slavery  and  involuntary  servitude  prohibited;  exception.  There 
shall  be  no  slavery  in  this  state ;  and  no  involuntary  servitude,  except  for 
the  punishment  of  crime,  whereof  the  party  shall  have  been  duly  con- 
victed. [G.  S.  1915,  §  110.] 

Act  requiring  work  on  roads  to  pay  poll  tax,  valid.     In  re  Dassler,  Petitioner,  35  K.  684. 
Does  not  prohibit  labor  on  streets  for  poll  taxes.     The  State,  ex  rel.,  v.  City  of  Topeka, 

36  K.  85. 
Ordinance  permitting  employment  of  city  prisoners  on  streets  held  valid.     City  of  Topeka 

v.  Boutwell,  53  K.  30. 

§  4.  Habeas  corpus,  when  right  to  writ  suspended.  The  right  to  the 
writ  of  habeas  corpus  shall  not  be  suspended,  unless  the  public  safety  re- 
quires it  in  case  of  invasion  or  rebellion.  [G.  S.  1015,  §  112.] 

§  5.  Bailable  offenses ;  fines ;  cruel  or  unusual  punishment.  All  per- 
sons shall  he  bailable  by  sufficient  sureties  except  for  capital  offenses 


§  6]  CONSTITUTIONAL  PROVISIONS.  [Ch.  1 

where  proof  is  evident  or  the  presumption  great.  Excessive  bail  shall  not 
be  required,  nor  excessive  fines  imposed,  nor  cruel  or  unusual  punishment 
inflicted.  IG.  S.191&,  §113.] 

Confinement  five  to  twenty-one  years  for  rape,  not  unconstitutional.     The  State  v.  White, 

•*4  K.    51-4. 

\i   Lard   Jabor   in   penitentiary,    not   cruel   or  unusual   punishment.      The    State   v.    White, 
'     44'  K.  514. 
Fine  and  jail  sentence  held  not  cruel  or  unusual  punishment.     Ratcliff  v.  Stock-yards  Co., 

Confinement  when  unable  to  pay  fine  and  costs,  not  violative.     In  re  Ellis,  76  K.  370. 
Crime  committed  when  penalty  is  death,  amended  afterwards,  not  bailable.     In  re  Schneck, 

78  K.  210. 
Defendant,  after  conviction  of  felony,  is  entitled  to  bail.     In  re  Truskett,  8*4  K.  877. 

§6.  Trial;  defense  of  accused;  witnesses;  speedy  public  trial;  im- 
partial jury;  former  jeopardy.  In  all  prosecutions,  the  accused  shall  be 
allowed  to  appear  and  defend  in  person  or  by  counsel;  to  demand  the 
nature  and  cause  of  the  accusation  against  him ;  to  meet  the  witness  face 
to  face,  and  to  have  compulsory  process  to  compel  the  attendance  of  wit- 
nesses in  his  behalf,  and  a  speedy  public  trial  by  an  impartial  jury  of  the 
county  or  district  in  which  the  offense  is  alleged  to  have  been  committed. 
No  person  shall  be  a  witness  against  himself,  or  be  twice  put  in  jeopardy 
for  the  same  offense.  [G.  S.  1915,  §  114.] 

Second  trial  at  defendant's  request,  held  not  twice  in  jeopardy.     The  State  v.   McCord, 

8  K.  242. 

Juror    who    has   formed    any    opinion    is    not    impartial   juror.      The    State    v.    Medlicott, 

9  K.  279. 

Simple  impression  not  opinion  such  as  renders  juror  partial.  The  State  v.  Medlicott, 
9  K.  279. 

Dissenting  opinion. — Any  opinion  formed  by  juror  disqualifies  him.  The  State  v.  Medli- 
cott, 9  K.  292. 

Nature  of  accusations  need  not  state  whether  principal  or  accessory.  The  State  v.  Cassa- 
day,  12  K.  555. 

Trial  for  contempt  by  judge  without  jury,  hem  not  error.     The  State  v.  Cutler,  13  K.  134. 

Finding   of    "not   guilty"    by   court   precludes    another   trial.      City   of    Olathe   v.    Adams, 

15  K.  391. 

Juror  who  has  formed  opinion  is  not  an  impartial  juror.     The  State  v.  Brown,   15  K.  400. 
Trial  by  impartial  jury  of  county,  etc.,  may  be  waived.     The  State  v.  Potter,   16  K.  97. 
Mere    preliminary    examination    is    not   being   put    "in    jeopardy."      The    State    v.    Jones, 

16  K.  610. 

Defendant  has  right  to  demand  nature   and   cause  of   accusation.      The   State   v.    Behee, 

17  K.  404. 

Not  error  for  jury  to  inspect  premises  without  defendant   accompanying.      The   State   v. 

Adams,  20  K.  323. 

Trial  in  another  county  but  same  district  held  not  error.  The  State  v.  Ruth,  21  K.  589. 
Territory  attached  to  judicial  district  becomes  part  of  district.  In  re  Holcomb,  Petitioner, 

21  K.  636. 
Where   trial   terminated   by   unavoidable    casualty,    defendant    not    "in    jeopardy."      In    re 

Scrafford,  Petitioner,  21  K.  746. 
Defendant  has  right  to   delay  to  compel   attendance  of   witnesses.      The   State   v.    Roark, 

23  K.  152. 
Matters  growing  out  of   same   difficulty  may   constitute  two   offenses.      City   of   Olathe   v. 

Thomas,  26  K.  233. 

Not  error  to  retain  juror,  truth  of  whose  opinion  conceded.  The  State  v.  Wells,  28  K.  322. 
Juror  incompetent  who  had  formed  opinion  founded  on  rumor  only.  The  State  v.  Miller, 

29  K.  47. 

Not  error  to  order  expert  examination  of  person  of  defendant.     A.  T.  &  S.  F.  Rid.  Co.  v. 

Thul,  29  K.  474. 
State  may  not  treat  trial  of  misdemeanor  as  mere  preliminary.     In  re  Donnelly,  Petitioner, 

30  K.  197. 

Entitled  to  jury  on  appeal  if  not  in  first  instance.     In  re  Rolfs,  Petitioner,  30  K.   760. 
Error  to  convict  of  offense  not  contemplated  when  information  filed.     The  State  v.  Brooks, 

33  K.  713. 

Information  held  to  comply  with  letter  and  spirit  hereof.  The  State  v.  Whisner,  35  K.  276. 
"All  prosecutions"  held  to  mean  for  violating  state  laws  only.  The  State,  ex  rel,  v.  City 

of  Topeka,  36  K.  87. 
Right   to    argument   of    counsel    cannot   be    denied    to    defendant.      The    State    v.    Verry, 

36  K.  420. 
Conviction   on   one   count   precludes   later   trial    as   to    others.      The    State   v.    McNaught, 

36  K.  627. 
Information,   larceny  prosecution,   must  give  definite  description  of  property   stolen.      The 

State  v.  Tilney,  38  K.  714. 

8 


Ch.  1]  CONSTITUTIONAL  PROVISIONS.  [§  7 

Entitled  to  discharge  on  habeas  corpus  when  trial  unnecessarily  delayed.     In  re  McMicken, 

Petitioner,  39  K.  408. 

Change  of  venue  to  be  to  county  designated  by  defendant.     The  State  v.  Knapp,  40  K.  149. 
Juror  not  impartial  who  admits  impression  of  guilt  or  innocence.      The   State  v.   Beatty, 

45  K.  502. 

Inducing  witnesses  to  avoid  process,  accused  not  compelled  to  testify.  In  re  Nickell,  Peti- 
tioner, 47  K.  737. 

Plea  of  guilty  under  fear  of  mob  violence,  not  binding.     The  State  v.  Calhoun,  50  K.  532. 
Change    of   venue   cannot   be   made   without    consent    of    accused.      The    State    v.    Kindig, 

55  K.  117. 
Evidence   on   former    trial   not   read   without    consent    of    defendant.      The    State    v.    Folk, 

57  K.  257. 
Defendant's    consent    necessary    to    reading    of    deposition    taken    by    him.      The    State    v. 

Tomblin,   57  K.  843. 

Error  to  compel  defendant  to  plead  in  absence  of  counsel.     The  State  v.  Moore,  61  K.  734. 
Defendant's  consent  to  eleven  jurors  in  felony   case,   not  binding.      The  State  v.   Simons, 

61  K.  754. 

Jury  trial  does  not  extend  to  violation  of  city  ordinances.     In  re  Kinsel,   64  K.  3. 
Plea  of  "former  jeopardy"  not  good  where  former  jury  disagree.     The  State  v.  Alexander, 

66  K.  730. 
Evidence    given   by   witness    on   former   trial   may    be    introduced.      The   State    v.    Nelson, 

68  K.  566. 

Defendant  may  be  compelled  to  testify  where  immunity  granted  him.     The  State  v.  Jack, 

69  K.  391. 

Defendant    may    waive   right    to    jury    of    twelve    in    misdemeanor.      The    State    v.    Wells, 

69  K.  793. 

Witness  may  be  compelled  to  testify  where  immunity  granted  him.  In  re  John  Bell,  Peti- 
tioner, 69  K.  855. 

Testimony  given  at  preliminary  introduced  on  trial  on  proper  showing.  The  State  v. 
Harmon,  70  K.  477. 

Statements    made    by    defendant    out    of    court    may    be    admitted.      The    State    v.    Inman, 

70  K.  894. 

Immunity  from  second  jeopardy,  personal  privilege  which  defendant  may  waive.  The 
State  v.  White,  71  K.  360. 

Testimony  given  in  civil  case  not  admissible  over  defendant's  objection.  The  State  v. 
Woods,  71  K.  658. 

Defendant  not  denied  "speedy  trial"  pending  appeal  from  motion  by  state.  The  State  v. 
Campbell,  73  K.  695. 

In  contempt  for  violating  injunction,  defendant  not  entitled  to  jury.  The  State  v.  Thomas, 
74  K.  368. 

When  jury  discharged  on  "accident"  defendant  may  be  tried  again.  Thf  State  v.  Hans- 
ford,  76  K.  681. 

Where  defendant  produced  revolver  through  intimidation,  evidence  of  same  admissible. 
The  State  v.  Turner,  82  K.  794. 

Verdict  of  acquittal  cannot  be  set  aside  to  any  purpose.     The  State  v.  Lyon,  83  K.   168. 

Jury  having  tried  similar  case  with  same  witnesses  not  impartial.     The  State  v.  Hammon, 

84  K.   141. 

Purpose,    to   secure   jury   free   from   bias,    prejudice,    or    interest.      The    State   v.    Stewart, 

85  K.  404. 

Nonresident  father  punished  under  desertion  act  when  proper  facts  shown.     In  re  Fowles, 

89  K.  433. 
Defendant  in  bastardy  proceedings  not  entitled  to  jury.      The   State,    ex  rel.,   v.    Herbert, 

96  K.  490. 

§  7.  Liberty  of  the  press;  free  speech;  libel.  The  liberty  of  the  press 
shall  be  inviolate:  and  all  persons  may  freely  speak,  write  or  publish 
their  sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  such 
right ;  and  in  all  civil  or  criminal  actions  for  libel,  the  truth  may  be  given 
in  evidence  to  the  jury,  and  if  it  shall  appear  that  the  alleged  libelous 
matter  was  published  for  justifiable  ends,  the  accused  party  shall  be  ac- 
quitted. [G.  S.  1915,  §  115.] 

Law  applicable  to  civil  and  criminal  cases  distinguished  and  defined.      Castle  v.  Houston, 

19  K.  422. 

"Truth"  full  defense  to  civil  action  for  slander  or  libel.      Munuy  v.  Wright,    26  K.    176. 
All   evidence   admissible  tending  to  prove  truth   of  statements  made.      The   State  v.   May- 
berry,  33  K.  444. 
Defendant  need  prove  only  truth  and  publication  for  justifiable  ends.     The  State  v.  Verrv. 

36  K.  421. 
Publication    concerning   attorney    not   privileged   by   connection   with   judicial   proceedings. 

The  State  v.  Wait,  44  K.  316. 
Publication  devoted  largely  to  scandals  and  immorality  may  be  prohibited.     In  re  Banks, 

Petitioner,  56  K.  243. 
Privileged  publication  and   "liberty  of  the  press"   discussed   at  length.     Coleman   v.   Mac- 

Lennan,  78  K.  711. 
Employer   not  compelled  to  state  cause  for  discharge  of  employee.      Railway   Company  v. 

Brown,  80  K.  315. 


§§  8-10]  CONSTITUTIONAL  PROVISIONS.  [Ch.  1 

Spoken  words  imputing  unchastity   actionable  without  proof   of   special  damages.      Cooper 
v.  Seaverns,  81  K.  271. 

§  8.  No  person,  to  be  transported ;  conviction  not  to  work  corruption  of 
blood.  No  person  shall  be  transported  from  the  state  for  any  offense 
committed  within  the  same,  and  no  conviction  in  the  state  shall  work  a 
corruption  of  blood  or  forfeiture  of  estate.  [G.  S.  1915,  §  116.] 

Not   violated  by  penalty   for  violation    of   intoxicating-liquor   law.      The    State   v.    Snyder 

34  K.  426. 
Husband  inherits  from  deceased  wife  even  though  he  murdered  her.  McAllister  v.  Fair, 

72  K.  533. 

For  act  prohibiting  inheritance  from  person  killed,  see  G.  S.  1915,  §  3856. 

§  9.  Imprisonment  for  debt.  No  person  shall  be  imprisoned  for  debt, 
except  in  cases  of  fraud.  [G.  S.  1915,  §  120.] 

Act    authorizing    arrest   and   imprisonment  on   plaintiff's    affidavit    alone,    unconstitutional. 

.In  re  Roberts,  Petitioner,  4  K.  A.  296. 
Garnishee    cannot   be    imprisoned   for   failure    to    pav    his    debt.      Board    of    Education    T. 

Scoville,  13  K.  33. 
Prosecuting  witness  in  misdemeanors,  certain  cases,  imprisoned  till  costs  paid.     In  re  John 

Ebenhack,  Petitioner,  17  K.  622. 

Bond  given  when  debtor  only  in  custody,  held  valid.     Doyle  v.  Boyle,   19  K.  172. 
Fraud  must  be  clearly  shown  to  sustain  imprisonment  for  debt.     Tennent,  Walker  &  Co.  v. 

Weymouth  &  Golden,  25  K.  23. 
Affidavit  must  show  grounds  provided  for  arrest  or  proceedings  void.     Hauss  v.   Kohlar. 

25  K.  644. 
Bill  of  rights  not  mere  collection  of  glittering  generalities.  Atchison  Street  Riy.  Co.  v. 

Mo.  Pac.  Riy.  Co.,   31  K.   665. 
In  proceedings   in   aid  of   execution,   court  may  imprison  for  contempt.      In  re   Burrows, 

Petitioner,  33  K.  680. 
Imprisonment  under  bastardy  act  does  not  violate  this  section.     In  re  Wheeler,  Petitioner, 

34  K.  97. 
Imprisonment  for  failure  to  pay  costs,  not  imprisonment  for  debt.     In  re  Boyd,  Petitioner, 

34  K.  574. 

Imprisonment  for   failure  to   pay   road   tax   does   not  violate.      In   re   Dassler,    Petitioner, 

35  K.  678-. 

Execution    against   person   of   judgment   debtor    not   forbidden   by    section.      In   re    Heath, 

Petitioner,  40  K.  337. 
Section    would    not    compel    legislature    to    imprison    for    fraudulent    debt.      The    State    v. 

Weiss,  84  K.   168. 
Section,  in  effect,  authorizes  imprisonment  f.or  debt  in  cases  where  there  is  fraud.     Tatlow 

v.  Bacon,   101  K.  26. 

§  10.    Remedy  for  injuries  by  due  course  of  law;  justice  without  delay. 

All  persons,  for  injuries  suffered  in  person,  reputation  or  property,  shall 
have  remedy  by  due  course  of  law,  and  justice  administered  without  delay. 
[G.  S.  1915,  §  122.] 

"Due  process  of  law"  decisions  have  little  application  in  Kansas.     Gilohrist  v.  Schmidling, 

12  K.  271. 
Granting  attorney  fees  in  actions  for  killing  stock,  not  unconstitutional.  K.  P.  Riy.  Co. 

v.  Mower,   16  K.  582. 
Redress  for  all  injuries  suffered  provided  for  in  "civil  action."     A.  T.  &  S.  F.  Rid.  Co.  v. 

Rice,  36  K.  599. 
Section   not  violated  by  ordinance  providing  extension  of  city  limits.      Callen  v.   Junction 

City,  43  K.  629. 
Cited   in   case  discussing  jurisdiction  writ  of  error   coram  nobis.      The  State  v.    Calhoun, 

50  K.  532. 
"Remedy"  means  by  tribunal  having  jurisdiction;  section  not  satisfied  otherwise.  Hanson 

v.  Krehbiel,   68  K.  672. 
Words  of  section  not  given  unlimited  signification  in  all  cases.      Coleman  v.  MacLennan, 

78  K.  722. 
Common-law  interpretation  not  strictly  applied  in  slander  bv  spoken  words.  Cooper  v. 

Seaverns.  81  K.  284. 
Mere    irregularity    in    administering    law   does    not   deny    constitutional    right.      Griggs    v. 

Hanson,  86  K.  632. 
Workmen's  compensation  act  of  1911  does  not  violate  this  section.      Shade  v.  Cement  Co.. 

93  K.  257,  258. 
Every    person    is    entitled    to    contract    relative    to    his    employees.       Coppage    v.    Kansas, 

236  U.  S.  23. 

10 


Ch.2] 


ACCIDENTS. 


[§H 


CHAPTER  2.— ACCIDENTS. 


§11.  Accident  causing  loss  of  life  or  seri- 
ous personal  injury;  statement  to 
be  sent  to  state  factory  inspector; 
statement  not  competent  evidence ; 
duty  of  factory  inspector  to  make  in- 
rigntion  and  recommendations; 
attendance  of  inquest  by  inspector 
or  deputy. 


112.  State  factory  inspector  to  include  re- 
port of  accidents  and  recommenda- 
tions in  such  cases  in  annual  re- 
port. 

13.  Penalty    for    failure    of   owner,    agent, 

manager,    etc.,    to    send   notices   and 
statements    required. 

14.  Act  not  to  apply  to  coal  or  salt  mines. 


LAWS  OF  1909,  CH.  119. 

AN  ACT  in  relation  to  accidents,  and  requiring  the  same  to  be  reported  to  the  factory 
inspector,  requiring  investigations  thereof,  and  providing  penalties  for  the  violation  of 
this  act. 

§  11.  Accident  causing  loss  of  life  or  serious  personal  injury;  state- 
ment to  be  sent  to  state  factory  inspector;  statement  not  competent  evi- 
dence; duty  of  factory  inspector  to  make  investigation  and  recommenda- 
tions; attendance  of  inquest  by  inspector  or  deputy.  Wherever  loss  of 
life  or  serious  personal  injury  shall  occur  in  or  about  any  factory,  work- 
shop, workyard,  mill  or  other  industrial  establishment,  or  on  any  build- 
ing in  course  of  construction,  or  in  the  operation  of  any  railroad,  street- 
car line,  public  works,  or  in  or  about  any  passenger  or  freight  elevator  or 
other  place,  works  or  yards,  where  machinery  or  motive  power  is  used,  by 
reason  of  defects  or  faults  in  machinery,  appliances,  tools,  scaffolding, 
ropes,  cables  or  other  appliances  or  materials  used  in  construction  or  in 
the  operation  of  said  machinery  or  appliances,  or  motive  power,  so  used, 
it  shall  be  the  duty  of  the  owner,  agent,  manager,  superintendent,  or 
foreman  in  charge  thereof,  within  twenty-four  hours  shall  [to]  mail  a 
notice  to  the  state  factory  inspector  with  a  true  and  complete  statement 
so  far  as  known  of  the  manner  in  which  such  accident  occurred,  and  the 
cause  and  casualties  thereof:  Provided,  Such  statement  shall  not  be 
competent  evidence  in  any  court  in  this  state.  If  on  receipt  and  ex- 
amination of  such  statement  and  in  his  judgment  the  circumstances 
shall  warrant,  it  shall  be  the  duty  of  the  state  factory  inspector  to 
immediately  go  or  send  a  deputy  to  the  scene  of  such  accident,  and  to 
make  such  investigation  and  recommendations  and  require  such  altera- 
tions of  the  machinery  and  appliances  causing  such  accident  as  may  be 
necessary  to  prevent  a  recurrence  of  said  accident,  and  for  the  safety 
and  protection  of  other  persons  there  employed.  In  case  any  person  is 
killed  in  an  accident  as  described  in  the  foregoing,  and  a  coroner's 
inquest  is  held,  the  state  factory  inspector  or  his  deputy  may  attend 
and  participate  in  the  inquest,  upon  the  request  of  the  coroner  and 
county  attorney,  and  ascertain  by  the  testimony  before  the  coroner  the 
cause  of  such  accident,  for  the  purpose  of  securing  such  information  as 
may  be  necessary  to  prevent  a  repetition  of  such  accident.  [G.  S.  1915, 
§  5943.] 

The  commissioner  of  labor  and  industry  is  ex  officio  state  factory  inspector   (§  165). 

This  act,  it  will  be  noted,  applies  only  in  case  of  loss  of  life* or  serious  personal 
injury  (§11)  and  does  not  apply  to  the  coal  or  salt  mines  of  the  state  (§  14).  The 
act  creating  the  department  of  labor  and  industry,  however,  authorizes  the  commis- 
sioner "to  furnish  and  deliver  a  written  or  printed  list  of  interrogatories  to  any  per- 
son, company,  or  the  proper  officer  of  any  corporation  operating  within  the  state,  and 
require  full  and  complete  answers  to  be  made  thereto,  and  'returned  under  oath" 
(§173).  Under  the  latter  act  the  commissioner  of  labor  and  industry  may  require 
answers  to  interrogatories  from  all  industries,  including  the  coal  and  salt  mines,  and 
concerning  any  and  all  accidents.  The  commissioner  has  therefore  prepared  a  form  for 
the  reporting  of  all  industrial  accidents,  and  requests  an  immediate  report  from  every 
employer.  A  prompt  reporting  of  all  accidents  as  they  occur  will  prevent  the  penalty 
from  attaching  for  failure  to  report,  as  to  industries  required  to  report  under  this  act, 
and  will  obviate  the  necessity  of  the  commissioner  submitting  a  formal  demand  for  each 
report  as  to  all  other  industries. 

In  order  to  furnish  a  simple  rule  for  the  determination  of  what  accidents  shall  be 


§§  12-14] 


APPRENTICES. 


[Ch.  3 


reported,   the  commissioner  has  prescribed  that  only  accidents  causing   a  loss  of  more 
than  one  day's  employment  or  requiring  medical  or  surgical  attention  shall  be  reported. 
The  forms  for  the  reporting  of  accidents  will  be  furnished  to  any  employer  upon 
request  to  the  commissioner  of  labor  and  industry. 

§  12.  State  factory  inspector  to  include  report  of  accidents  and  recom- 
mendations in  such  cases  in  annual  report.  The  state  factory  inspector 
shall  incorporate  in  his  annual  report  to  the  governor  a  report  of  said 
accidents  occurring,  the  cause  and  casualties  of  said  accidents  as  ascer- 
tained, whether  fatal  or  nonfatal,  and  a  record  of  the  recommendations 
made  in  such  cases.  [G.  S.  1915,  §  5944.] 

§  13.  Penalty  for  failure  of  owner,  agent,  manager,  etc.,  to  send 
notices  and  statements  required.  Any  owner,  agent,  manager,  superin- 
tendent or  foreman  in  charge  of  properties  as  described  in  section  1 
of  this  act,  where  accidents  shall  have  occurred,  who  shall  fail  or  re- 
fuse to  send  such  notices  and  statements  and  otherwise  comply  with  the 
provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  jail  not 
less  than  thirty  days  nor  more  than  ninety  days,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court.  [G.  S.  1915,  §  5945.] 

"Section  1  of  this  act,"  referred  to  herein,  is  §  11,  supra, 

§  14:.  Act  not  to  apply  to  coal  or  salt  mines.  Provided,  That  this  act 
shall  not  apply  to  the  coal  or  salt  mines  of  this  state.  [G.  S.  1915, 
§  5946.] 

See  note  to   §  11,  supra. 


CHAPTER  3.— APPRENTICES. 


§15.  Person  bound  by  indenture  to  serve 
as  clerk  or  apprentice  shall  serve 
for  time  specified. 

16.  Infants     may     bind     themselves     with 

approbation   of  probate  court. 

17.  Affidavit  of  master  to  be  indorsed  on 

indenture. 

18.  Cases   in  Avhich   mother  may   give  con- 

sent or  retain  custody  and  con- 
trol of  child. 

19.  Acts      of      incapacity,      desertion      or 

drunkenness  to  be  decided  in  pro- 
bate court  before  a  jury ;  costs 
when  charges  not  found  to  be 
true. 

20.  Poor   children  may  be  bound  by  pro- 

bate  court   in    cases   specified. 

21.  Orphan    or    minor    may    be    bound   by 

guardian ;  counterpart  of  indenture 
to  be  deposited  with  clerk  of  pro- 
bate court. 

22.  Master  not   to   remove   apprentice   out 

of  this  state ;  clause  to  be  inserted 
in  indenture  binding  out  orphan 
or  poor  child ;  branches  to  be 
taught:  property  to  be  given  to 
apprentice. 

23.  Probate  court  to  enforce  terms  of  in- 

denture, etc. ;  court  to  redress 
grievances. 

24.  Age    of    apprentice    to    be    inserted    in 

indenture. 

25.  Indenture   not   entered   into   according 

to  law  void  as  to  apprentice. 

26.  Probate    court    to    receive    complaints 

of  apprentices ;  trial  by  jury ;  make 
order  to  relieve  party  injured. 

27.  Probate   court  may   discharge   appren- 

tice; order  concerning  money,  etc., 
paid  or  contracted  to  be  paid; 
court  to  bind  apprentice  again. 


§28.  Probate  court  to  hear  complaints  of 
masters  against  apprentices ;  pun- 
ishment of  apprentice;  order  to 
make  restitution  ;  costs. 

29.  Warrant    issued    when    apprentice    ab- 

sconds or  rebels  against  master, 
etc.;  complaint. 

30.  Return    of   warrant    in   vacation;    bail 

for  appearance  of  apprentice;  com- 
mitment in  default ;  master  con- 
sent to  discharge ;  payment  of 
costs. 

31.  Forfeiture   by   person    counseling,    per- 

suading, etc.,  any  apprentice  to 
run  n\vr>.y:  recovery  of  forfeiture 
by  master. 

32.  Forfeiture      by      person      entertaining, 

harboring  or  concealing  run-away 
apprentice ;  recovery  of  forfeiture 
by  master. 

33.  Executor     may    bind     out     child     with 

consent  of  mother ;  executor  may 
raise  child  with  consent  of  mother. 

34.  Master     about     to    remove     apprentice 

out  of  this  state;  warrant  issued; 
master  may  be  required  to  enter 
into  recognizance. 

35.  Master    failing    to    enter    into    re^ogni- 

zanre;  court  to  commit  custody  of 
apprentice  to  other  person. 

36.  Master   wishing  to  remove   out   of   this 

state  or  quit  trade;  apprentice 
brought  before  court;  discharge  of 
apprentice:  court  may  bind  again. 

37.  Apprentice  boxind  to  two  masters;   in- 

denture survive  on  death  of  one 
master :  executor  bring  apprentice 
into  court  on  death  of  all. 

38.  Apprentice      absenting     himself     from 

service  of  master;  action  for  dam- 
ages by  master;  time  for  bringing 
such  action. 


12 


Ch.  3]  APPRENTICES.  [§§  15-21 

GENERAL  STATUTES  OF  1868,  CH.  5. 

AN  ACT  concerning  apprentices. 

§  1 5.  Person  bound  by  indenture  to  serve  as  clerk  or  apprentice  shall 
serve  for  time  specified.  Every  person  bound  by  indenture  of  his  free 
will,  with  the  consent  of  his  father,  or  if  he  be  dead,  of  the  mother  or 
guardian,  and  signified  by  such  parent  or  guardian  signing  the  same,  or 
by  the  probate  court,  as  hereinafter  directed,  to  serve  as  clerk  or  ap- 
prentice, in  any  profession,  trade  or  employment,  until  the  age  of  eigh- 
teen years,  or,  if  a  female,  until  the  age  of  sixteen  years,  or  for  a  shorter 
time,  shall  be  bound  to  serve  the  time  specified  in  such  indenture.  [G.  S. 
1915,  §  384.] 

§  1 6.  Infants  may  bind  themselves  with  approbation  of  probate  court. 
Any  infant,  having  no  parent  or  guardian,  may,  with  the  approbation  of 
the  probate  court,  indorsed  on  the  indenture,  bind  himself  an  apprentice 
until  he  arrives  at  the  age  of  eighteen  years,  or,  if  a  female,  at  the  age 
of  sixteen  years.  [G.  S.  1915,  §  385.] 

§  17.  Affidavit  of  master  to  be  indorsed  on  indenture.  Upon  the  exe- 
cution of  every  indenture  of  apprenticeship,  the  person  to  whom  the  ap- 
prentice is  bound  shall  make  an  affidavit  that  he  will  faithfully  perform 
the  duties  required  by  the  indenture  and  enjoined  on  him  by  law,  which 
affidavit  shall  be  indorsed  on  the  indenture.  [G.  S.  1915,  §  386.] 

§  18.  Cases  in  which  mother  may  give  consent  or  retain  custody  and 
control  of  child.  When  the  father  has  no  legal  capacity  to  give  consent, 
or  when  he  shall  willfully  have  abandoned  his  family  for  six  months, 
without  making  suitable  provisions  for  their  support,  or  has  become  an 
habitual  drunkard,  the  mother  shall  have  the  same  power  to  give  such 
consent  as  if  the  father  was  dead,  or  the  mother  may  retain  the  custody 
and  control  of  the  child.  [G.  S.  1915,  §  387.] 

§  19.  Acts  of  incapacity,  desertion  or  drunkenness  to  be  decided  in 
probate  court  before  a  jury;  costs  when  charges  not  found  to  be  true. 
Acts  of  incapacity,  desertion  or  drunkenness  shall  be  decided  in  the  pro- 
bate court  by  a  jury,  before  the  indenture  shall  take  effect,  and  an  in- 
dorsement on  the  indenture,  under  the  seal  of  the  court,  that  the  same 
are  proved,  shall  be  sufficient  evidence  of  the  mother's  power  to  give  such 
consent,  or  retain  control  of  said  child ;  but  if  the  jury  do  not  find  the 
charge  of  incapacity,  drunkenness  or  desertion  to  be  true,  the  person  at 
whose  instance  such  proceedings  may  have  been  had  shall  pay  all  costs 
attending  the  same.  [G.  S.  1915,  §  388.] 

§  20.  Poor  children  may  be  bound  by  probate  court  in  cases  specified. 
When  any  poor  child  is,  or  may  be,  chargeable  to  the  county,  or  shall  beg 
for  alms,  or  when  the  parents  of  such  children  are  poor,  and  their  father 
an  habitual  drunkard,  or  if  there  be  no  father,  when  the  mother  is  of 
bad  character,  or  suffers  her  children  to  grow  up  in  habits  of  idleness, 
without  any  visible  means  .of  obtaining  an  honest  livelihood,  it  shall  be 
lawful  for  the  probate  court  to  bind  such  child  an  apprentice  until,  if  a 
male,  he  arrives  to  the  age  of  eighteen  years,  and  if  a  female,  to  the  age 
of  sixteen  years.  [G.  S.  1915,  §  389.] 

Order    not    attacked    collaterally,     notice    to    parents    not    essential.       Ackley    v.    Tinker 
26  K.  485. 

§  21.  Orphan  or  minor  may  be  bound  by  guardian;  counterpart  of  in- 
denture to  be  deposited  with  clerk  of  probate  court.  Every  orphan  or 
minor,  who  has  not  estate  sufficient  for  his  maintenance,  may  be  bound  by 

13 


§§  22-28]  APPRENTICES.  [Ch.  3 

his  guardian,  under  the  order  and  direction  of  the  probate  court,  and  the 
indenture  of  binding  such  infant  shall  be  as  effectual  as  if  such  infant 
were  of  full  age;  and  the  counterpart  of  such  indenture  shall,  for  the 
benefit  of  the  infant  so  bound,  be  deposited  with  the  clerk  of  the  probate 
court  in  which  such  binding  shall  take  place,  for  safe-keeping.  [G.  S. 
1915,  §  390.] 

§  22.  Master  not  to  remove  apprentice  out  of  this  state;  clause  to  be 
inserted  in  indenture  binding  out  orphan  or  poor  child;  branches  to  be 
taught;  property  to  be  given  to  apprentice.  It  shall  not  be  lawful  for 
any  master  to  remove  an  apprentice  out  of  this  state,  and  in  all  inden- 
tures by  the  probate  court,  for  binding  out  any  orphan  or  poor  child  as  an 
apprentice,  there  shall  be  inserted,  among  other  covenants,  a  clause  to  the 
following  effect:  That  every  master  to  whom  such  child  shall  be  bound 
shall  cause  such  child  to  be  taught  to  read  and  write,  and  the  ground  rules 
of  arithmetic,  the  compound  rules  and  the  rule  of  three,  and  at  the  expira- 
tion of  his  time  of  service  shall  give  him  or  her  a  new  Bible  and  two  new 
suits  of  clothes,  of  the  value  of  forty  dollars,  and  ten  dollars  in  current 
money  of  the  United  States.  [G.  S.  1915,  §  391.] 

§  23.  Probate  court  to  enforce  terms  of  indenture,  etc.;  court  to  re- 
dress grievances.  The  probate  court  shall  see  that  the  terms  of  the  in- 
denture, and  the  covenants  therein  contained,  be  fulfilled,  and  that  such 
child  be  not  ill-used ;  and  the  said  court  is  hereby  required  to  inquire  into 
and  redress  any  grievances  that  may  occur  in  the  premises,  in  such  man- 
ner as  is  prescribed  by  law.  [G.  S.  1915,  §  392.] 

§  24.  Age  of  apprentice  to  be  inserted  in  indenture.  The  age  of  every 
apprentice  shall  be  inserted  in  the  indenture.  [G.  S.  1915,  §  393.] 

§  25.  Indenture  not  entered  into  according  to  law  void  as  to  apprentice. 
All  indentures  entered  into  otherwise  than  according  to  law  shall  be 
utterly  void,  so  far  as  concerns  the  apprentice  therein  bound.  [G.  S. 
1915,  §  394.] 

§  26.  Probate  court  to  receive  complaints  of  apprentices;  trial  by  jury; 
make  order  to  relieve  party  injured.  The  probate  court  shall  receive  the 
complaints  of  apprentices  who  reside  within  the  county,  against  their 
masters,  alleging  undeserved  or  immoderate  correction,  insufficient  allow- 
ance of  food,  raiment  or  lodging,  want  of  instruction  in  their  trade  or 
profession,  or  that  they  are  in  danger  of  being  removed  out  of  this  state, 
or  the  violation  of  the  indentures  of  apprenticeship;  and  may  hear  and 
determine  such  cases  by  a  jury,  and  make  such  order  therein  as  will  re- 
lieve the  party  injured,  in  future.  [G.  S.  1915,  §  395.] 

§  27.  Probate  court  may  discharge  apprentice;  order  concerning 
money,  etc.,  paid  or  contracted  to  be  paid ;  court  to  bind  apprentice  again. 
The  probate  court  shall  have  power,  when  circumstances  require  it,  to  dis- 
charge an  apprentice  from  his  apprenticeship;  and  in  case  any  money  or 
other  thing  has  been  paid,  or  contracted  to  be  paid,  by  either  party,  in  re- 
lation to  such  apprenticeship,  the  court  shall  make  such  order  concerning 
the  same  as  shall  seem  just  and  reasonable.  If  the  apprentice  so  dis- 
charged shall  have  been  originally  bound  by  the  probate  court,  it  shall  be 
the  duty  of  the  court,  if  they  judge  necessary,  again  to  bind  such  appren- 
tice. [G.  S.  1915,  §  396.] 

§  28.  Probate  court  to  hear  complaints  of  masters  against  apprentices; 
punishment  of  apprentice;  order  to  make  restitution;  costs.  The  court 

14 


Ch.  3]  APPRENTICES.  [§§  29-33 

shall,  in  like  manner,  hear  and  determine  the  complaint  of  masters 
against  their  apprentices,  for  desertion  without  good  cause,  misconduct  or 
ill-behavior,  and  may  punish  such  apprentice  according  to  the  nature  and 
aggravation  of  his  offense;  and  if  the  offense  be  willful  desertion,  without 
cause,  the  court  may,  in  addition  to  other  punishments,  order  the  appren- 
tice guilty  thereof  to  make  restitution  by  the  payment  of  a  sum  not  ex- 
ceeding ten  dollars,  for  each  month  he  may  be  so  absent,  to  be  collected  as 
other  debts,  after  such  apprentice  shall  have  become  of  full  age.  The 
awarding  of  costs  in  the  proceedings  under  this  section  shall  be  in  the  dis- 
cretion of  the  court.  [G.  S.  1915,  §  397.] 

§  20.  Warrant  issued  when  apprentice  absconds  or  rebels  against 
master,  etc.;  complaint.  If  any  apprentice  shall  abscond  or  depart  from 
the  service  of  his  master  without  leave,  or  shall  rebel  against  or  assault 
his  master,  any  judge  or  justice  of  the  peace,  on  complaint  made,  and 
sufficient  cause  shown,  on  oath,  by  the  master,  or  any  one  in  his  behalf, 
shall  issue  a  warrant  directed  to  any  sheriff  or  constable  within  this  state, 
or  any  discreet  or  responsible  person,  to  be  named  in  the  warrant,  to  exe- 
cute the  same  in  any  part  of  this  state.  [G.  S.  1915,  §  398.] 

§  30.  Return  of  warrant  in  vacation ;  bail  for  appearance  of  appren- 
tice; commitment  in  default;  master  consent  to  discharge;  payment  of 
costs.  If,  upon  the  return  of  any  such  warrant,  the  probate  court  shall 
•not  be  in  session,  it  shall  be  the  duty  of  the  person  serving  the  same  to 
carry  the  apprentice  before  some  judge  or  justice  of  the  peace  of  said 
county,  who  shall  take  bail  for  the  appearance  of  the  apprentice  at  the 
next  term  of  the  court,  to  answer  to  the  complaint  of  the  master;  or  for 
want  of  bail,  to  commit  him  to  prison  until  the  sitting  of  the  next  court, 
unless  the  master  shall  consent  to  his  discharge.  The  costs  of  the  process, 
service  and  commitment  shall  be  paid,  in  the  first  instance,  by  the  mas- 
ter; but  the  court,  upon  the  final  hearing,  may  order  such  apprentice  to 
make  restitution  of  such  costs,  by  service,  after  the  expiration  of  the 
time  for  which  he  shall  have  been  bound.  [G.  S.  1915,  §  399.] 

§  31.  Forfeiture  by  person  counseling,  persuading,  etc.,  any  apprentice 
to  run  away;  recovery  of  forfeiture  by  master.  Every  person  who  shall 
counsel,  persuade,  entice  or  assist  any  apprentice  to  run  away  or  absent 
himself  from  the  service  of  his  master  shall  forfeit  not  less  than  twenty 
nor  more  than  five  hundred  dollars,  to  be  sued  for  and  recovered,  with 
costs,  by  such  master,  in  any  court  having  jurisdiction  thereof.  [G.  S. 
1915,  §  400.] 

§  32.  Forfeiture  by  person  entertaining,  harboring  or  concealing  run- 
away apprentice;  recovery  of  forfeiture  by  master.  Every  person  who 
shall  entertain,  harbor  or  conceal  any  apprentice,  knowing  such  appren- 
tice to  be  [a]  run-away,  or  to  have  absented  himself  from  the  service  of 
his  master  without  leave,  shall  forfeit  one  dollar  for  every  day's  enter- 
tainment, harboring  or  concealing,  to  be  sued  for  and  recovered,  by 
action  of  debt,  with  costs,  by  such  master,  in  any  court  having  jurisdic- 
tion thereof.  [G.  S.  1915,  §  401.] 

§  33.  Executor  may  bind  out  child  with  consent  of  the  mother;  execu- 
tor may  raise  child  with  consent  of  mother.  The  executor  who,  by  the 
last  will  of  a  father,  is  directed  to  bring  up  his  child  to  some  trade  or 
calling,  shall  have  power,  with  the  consent  of  the  mother,  if  living,  to 
bind  such  child  by  indenture  in  like  manner  as  the  father,  if  living,  might 

15 


§§  34-38]  APPRENTICES.  [Ch.  3 

have  done;  or  shall  raise  such  child  according  to  such  direction,  if  con- 
sented to  by  the  mother.     [G.  S.  1915,  §  402.] 

§  34.  Master  about  to  remove  apprentice  out  of  this  state ;  warrant 
issued;  master  may  be  required  to  enter  into  recognizance.  If  it  shall 
appear  to  any  judge  or  justice  of  the  peace,  upon  the  oath  of  any  com- 
petent person,  that  any  master  is  about  to  remove,  or  cause  to  be  re- 
moved, any  apprentice  out  of  this  state,  such  judge  or  justice  shall  issue 
his  warrant  and  cause  such  master  to  be  brought  before  him;  and  if. 
upon  examination,  it  shall  appear  that  such  apprentice  is  in  danger  of 
being  removed  without  this  state,  the  judge  or  justice  may  require  the 
master  to  enter  into  recognizance  with  sufficient  security,  in  the  sum  of 
one  thousand  dollars,  conditioned  that  such  apprentice  shall  not  be  re- 
moved without  this  state,  and  that  said  master  will  appear  with  the  ap- 
prentice before  the  probate  court,  at  the  next  term  thereof,  and  abide 
the  decision  of  the  court  thereon,  which  recognizance  shall  be  returned 
to  the  probate  court;  and  the  court  shall  proceed  therein  in  a  summary 
manner,  and  may  discharge  or  continue  the  recognizance,  or  may  require 
a  new  recognizance,  and  otherwise  proceed  according  to  law  and  justice. 
[G.  S.  1915,  §  403.] 

§  35.  Master  failing  to  enter  into  recognizance ;  court  to  commit 
custody  of  apprentice  to  other  person.  If  the  master,  when  brought  be- 
fore the  judge  or  justice,  fails  to  enter  into  recognizance  when  required 
so  to  do,  such  judge  or  justice  shall  commit  the  custody  of  such  ap- 
prentice to  some  other  person,  who  will  enter  into  recognizance.  [G.  S. 
1915,  §  404.] 

§  36.  Master  wishing  to  remove  out  of  this  state  or  quit  trade ;  ap- 
prentice brought  before  court;  discharge  of  apprentice;  court  may  bind 
again.  Whenever  any  master  of  an  apprentice  shall  wish  to  remove  out 
of  this  state,  or  quit  his  trade  or  business,  he  shall  appear  with  his  ap- 
prentice before  the  probate  court  of  the  proper  county;  and  if  the  court 
be  satisfied  that  the  master  has  done  justice  to  said  apprentice  for  the 
time  he  has  had  charge  of  the  same,  such  court  shall  have  power  to  dis- 
charge such  apprentice  from  the  service  of  such  master,  and  again  bind 
him,  if  necessary,  to  some  other  person.  [G.  S.  1915,  §  405.] 

§  37.  Apprentice  bound  to  two  masters;  indenture  survive  on  death  of 
one  master;  executor  bring  apprentice  into  court  on  death  of  all.  When 
any  person  shall  become  bound  as  an  apprentice  to  two  or  more  persons, 
and  one  or  more  of  them  die  before  the  expiration  of  such  term  of  service, 
the  indenture  shall  survive  to  and  against  such  survivor;  and  in  case  of 
the  death  of  all  masters  in  any  such  indenture,  before  the  expiration  of 
the  term  of  service,  the  executor  or  administrator  shall  bring  the  in- 
denture and  apprentice  named  therein  before  the  probate  court  of  the 
proper  county,  and  such  court  shall,  if  necessary,  again  bind  such  ap- 
prentice to  some  other  person.  [G.  S.  1915,  §  406.] 

§  38.  Apprentice  absenting  himself  from  service  of  master;  action  for 
damages  by  master;  time  for  bringing  such  action.  If  any  apprentice 
shall  absent  himself  from  the  service  of  his  master  without  leave,  or 
shall  run  away  so  that  the  master  shall  be  deprived  of  his  service  during 
the  remainder  of  the  time,  or  any  part  thereof,  for  which  he  was  bound  to 
serve,  the  master  of  such  apprentice  may  have  an  action,  in  any  court  of 
competent  jurisdiction,  against  such  apprentice,  after  he  arrives  at  full 
age,  for  the  damages  that  such  master  may  have  sustained  by  reason  of 
the  absence  of  such  apprentice;  such  action  shall  be  brought  within  two 
years  after  such  apprentice  arrives  at  full  age.  [G.  S.  1915,  §  407.] 

16 


ARBITRATION. 


[§§  39-42 


CHAPTER  4.— ARBITRATION. 


§39.  District  court  or  judge  shall  estab- 
lish tribunal  for  voluntary  arbitra- 
tion; petition  presented;  disputes 
between  employers  ai^d  employed. 

40.  Petition;    form;    who    shall    sign;    in- 

quiry by  judge;  order. 

41.  Petition       properlv       signed;       license 

srranted  :  members  of  board  named; 
license  entered  on  journal. 
4~2.  Duration  of  tribunal;  jurisdiction; 
v.-M-ancies*  umpire  appointed ;  duties 
of  umpire;  award  of  tribunal  final; 
impeached  for  fraud,  etc. 

43.  Organization    of    tribunal;    chairman: 

secretary. 

44.  Compensation  of  members  of   tribunal; 

sessions    held    at    county    seat ;    suit- 
able room  furnished. 


§45.  Submission  of  matters  to  chairman; 
filing;  chairman  administer  oaths 
to  witnesses;  provide  for  examina- 
tion of  books,  etc. ;  powers  of  um- 
pire. 

46.  Tribunal   given    power   to   make   rules 

and  to  fix  sessions  and  adjourn- 
ments; chairman  to  convene  extra 
session. 

47.  Submission     of     matters     to     umpire; 

questions  in  writing;  award  made 
matter  of  record  by  filing,  etc. ; 
judgment  on  award ;  enforcement ; 
award  impeached. 

48.  Form   of   petition   for   tribunal. 


LAWS  OF  1886,  CH.  28. 

AN  ACT  to  establish  boards  of  arbitration,  defining  their  powers  and  duties. 

§  39.  District  court  or  judge  shall  establish  tribunal  for  voluntary  ar- 
bitration; petition  presented;  disputes  between  employers  and  employed. 

That  the  district  court  of  each  county,  or  a  judge  thereof  in  vacation,  shall 
have  the  power,  and  upon  the  presentation  of  a  petition  as  hereinafter 
provided  it  shall  be  the  duty,  of  said  court  or  judge  to  issue  a  license  or 
authority  for  the  establishment  within  and  for  any  county  within  the 
jurisdiction  of  said  court,  of  a  tribunal  for  voluntary  arbitration  and  set- 
tlements of  disputes  between  employers  and  employed  in  the  manufactur- 
ing, mechanical,  mining  and  other  industries.  [G.  S.  1915,  §  421.] 

§40.  Petition;  form;  who  shall  sign;  inquiry  by  judge;  order.  The 
said  petition  shall  be  substantially  in  the  form  hereinafter  given,  and  the 
petition  shall  be  signed  by  at  least  five  persons  employed  as  workmen,  or 
by  two  or  more  separate  firms,  individuals,  or  corporations  within  the 
county  who  are  employers  within  the  county:  Provided,  That  at  the  time 
the  petition  is  presented,  the  judge  before  whom  said  petition  is  presented 
may,  upon  motion,  require  testimony  to  be  taken  as  to  the  representative 
character  of  said  petitioners ;  and  if  it  appears  that  the  requisite  number 
of  said  petitioners  are  not  of  the  character  they  represent  themselves  to 
be,  the  establishment  of  the  said  tribunal  may  be  denied,  or  he  may  make 
such  other  order  in  that  behalf  as  shall  to  him  seem  fair  to  both  sides. 
[G.  S.  1915,  §  422.] 

§41.  Petition  properly  signed;  license  granted;  members  of  board 
named;  license  entered  on  journal.  If  the  said  petition  shall  be  signed  by 
the  requisite  number  of  either  employers  or  workmen,  and  be  in  proper 
form,  the  judge  shall  forthwith  cause  to  be  issued  a  license,  authorizing 
the  existence  of  such  a  tribunal  and  containing  the  names  of  four  persons 
to  compose  the  tribunal,  two  of  whom  shall  be  workmen  and  two  employ- 
ers, all  residents  of  said  county,  and  fixing  the  time  and  place  of  the  first 
meeting  thereof;  and  an  entry  of  the  license  so  granted  shall  be  made 
upon  the  journal  of  the  district  court  of  the  county  in  which  the  petition 
originated.  [G.  S.  1915,  §  423.] 

§42.  Duration  of  tribunal;  jurisdiction;  vacancies;  umpire  appointed; 
duties  of  umpire;  award  of  tribunal  final;  impeached  for  fraud,  etc.  Said 
tribunal  shall  continue  in  existence  for  one  year  from  the  date  of  the 


2— Labor— 1725 


17 


§§  43-47]  ARBITRATION.  [Ch.  4 

license  creating  it,  and  may  take  jurisdiction  of  any  dispute  between  em- 
ployers and  workmen  in  any  mechanical,  manufacturing,  mining,  or  other 
industry,  who  may  submit  their  disputes  in  writing  to  such  tribunal  for 
decision.  Vacancies  occurring  in  the  membership  of  the  tribunal  shall  be 
filled  by  the  judge  or  court  that -licensed  said  tribunal.  Disputes  occur- 
ring in  one  county  may  be  referred  to  a  tribunal  already  existing  in  an 
adjoining  county.  Said  court  at  the  time  of  the  issuance  of  said  license 
shall  appoint  an  umpire  for  said  tribunal,  who  shall  be  sworn  to  im- 
partially decide  all  questions  that  may  be  submitted  to  him  during  his 
term  of  office.  The  umpire  shall  be  called  upon  to  act  after  disagreement 
is  manifested  in  the  tribunal  by  failure  to  agree  during  three  meetings 
held  and  full  discussion  had.  His  award  shall  be  final  and  conclusive 
upon  such  matters  only  as  are  submitted  to  him  in  writing  and  signed  by 
the  whole  of  the  members  of  the  tribunal,  or  by  parties  submitting  the 
same.  And  the  award  of  said  tribunal  shall  be  final  and  conclusive  upon 
the  question  so  submitted  to  it:  Provided,  That  said  award  may  be  im- 
peached for  fraud,  accident,  or  mistake.  [G.  S.  1915,  §  424.] 

§  43.  Organization  of  tribunal ;  chairman ;  secretary.  The  said  tribunal 
when  convened  shall  be  organized  by  the  selection  of  one  of  their  number 
as  chairman,  and  one  as  secretary,  who  shall  be  chosen  by  a  majority  of 
the  members.  [G.  S.  1915,  §  425.] 

§44.  Compensation  of  members  of  tribunal;  sessions  held  at  county 
seat;  suitable  room  furnished.  The  members  of  the  tribunal  and  the 
umpire  shall  each  receive  as  compensation  for  their  services,  out  of  the 
treasury  of  the  county  in  which  said  dispute  shall  arise,  two  dollars  for 
each  day  of  actual  service.  The  sessions  of  said  tribunal  shall  be  held  at 
the  county  seat  of  the  county  where  the  petition  for  the  same  was  pre- 
sented, and  a  suitable  room  for  the  use  of  said  tribunal  shall  be  provided 
by  the  county  commissioners.  [G.  S.  1915,  §  426.] 

§  45.  Submission  of  matters  to  chairman;  filing;  chairman  administer 
oaths  to  witnesses;  provide  for  examination  of  books,  etc.;  powers  of 
umpire.  All  submissions  of  matters  in  dispute  shall  be  made  to  the 
chairman  of  said  tribunal,  who  shall  file  the  same.  The  chairman  of  the 
tribunal  shall  have  power  to  administer  oaths  to  all  witnesses  who  may 
be  produced,  and  a  majority  of  said  tribunal  may  provide  for  the 
examination  and  investigation  of  books,  documents  and  accounts  neces- 
sary, material  and  pertaining  to  the  matters  in  hearing  before  the 
tribunal,  and  belonging  to  either  party  to  the  dispute.  The  umpire  shall 
have  power  when  necessary  to  administer  oaths  and  examine  witnesses, 
and  examine  and  investigate  books,  documents  and  accounts  pertaining 
to  the  matters  submitted  to  him  for  decision.  [G.  S.  1915,  §  427.] 

§  46.  Tribunal  given  power  to  make  rules  and  to  fix  sessions  and  ad- 
journments; chairman  to  convene  extra  session.  The  said  tribunal  shall 
have  power  to  make,  ordain  and  enforce  rules  for  the  government  of  the 
body  when  in  session,  to  enable  the  business  to  be  proceeded  with  in  order, 
and  to  fix  its  sessions  and  adjournments,  but  such  rules  shall  not  conflict 
with  this  statute  nor  with  any  of  the  provisions  of  the  constitution  and 
laws  of  the  state :  Provided,  That  the  chairman  of  said  tribunal  may  con- 
vene said  tribunal  in  extra  session  at  the  earliest  day  possible,  in  cases 
of  emergency.  [G.  S.  1915,  §  428.] 

§47.  Submission  of  matters  to  umpire;  questions  in  writing;  award 
made  matter  of  record  by  filing,  etc.;  judgment  on  award;  enforcement; 
award  impeached.  Before  the  umpire  shall  proceed  to  act,  the  question 
or  questions  in  dispute  shall  be  plainly  defined  in  writing  and  signed 

18 


Ch.  5] 


BARBER  BOARD. 


[§48 


by  the  members  of  the  tribunal  or  a  majority  thereof,  or  by  the  parties 
submitting  the  same;  and  such  writing  shall  contain  the  submission  of 
the  decision  thereof  to  the  umpire  by  name,  and  shall  provide  that  his 
decision  thereon  after  hearing  shall  be  final;  and  said  umpire  must 
make  his  award  within  five  days  from  the  time  the  question  or  questions 
in  dispute  are  submitted  to  him.  Said  award  shall  be  made  to  the 
tribunal ;  and  if  the  award  is  for  a  specific  sum  of  money,  said  award  of 
money  or  the  award  of  the  tribunal,  when  it  shall  be  for  a  specific  sum, 
may  be  made  a  matter  of  record  by  filing  a  copy  thereof  in  the  district 
court  of  the  county  wherein  the  tribunal  is  in  session.  When  so  entered 
of  record  it  shall  be  final  and  conclusive,  and  the  proper  court  may, 
on  motion  of  any  one  interested,  enter  judgment  thereon;  and  when  the 
award  is  for  a  specific  sum  of  money  may  issue  final  and  other  process 
to  enforce  the  same:  Provided,  That  any  such  award  may  be  impeached 
for  fraud,  accident,  or  mistake.  [G.  S.  1915,  §  429.] 

§  48.  Form  of  petition  for  tribunal.  The  form  of  the  petition  praying 
for  a  tribunal  under  this  act  shall  be  as  follows:  "To  the  District  Court 
of —  — County  [or  a  judge  thereof,  as  the  case  may  be]  :  The  sub- 
scribers hereto  being  the  number  and  having  the  qualifications  required 
in  this  proceeding,  being  desirous  of  establishing  a  tribunal  of  voluntary 
arbitration  for  the  settlement  of  disputes  in  the  manufacturing,  me- 
chanical, mining  and  other  industries,  pray  that  a  license  for  a  tribunal 
of  voluntary  arbitration  may  be  issued,  to  be  composed  of  four  persons 
and  an  umpire,  as  provided  by  law."  [G.  S.  1915,  §  430.] 


CHAPTER  5.— BARBER  BOARD. 


;49.  Unlawful  to  follow  occupation  of  bar- 
ber without  having  obtained  cer- 
tificate of  registration ;  application 
of  act  to  persons  engaged  in  prac- 
tice April  30,  1913. 

50.  Board  of  examiners  created;    appoint- 

ment of  members  of  board :  quali- 
fications of  members;  members  to 
appear  before  state  board  of  health 
before  being  appointed ;  knowledge 
of  contagious  and  infectious  dis- 
eases; rejection  of  proposed  ap- 
pointee; certificate  of  board  of 
health ;  term  of  office  of  examiners ; 
sanitary  rules;  copy  of  rules  fur- 
nished; members  to  give  bond  and 
take  oath  ;  vacancies. 

51.  Officers  of  board;   headquarters;   seal; 

administration  of  oaths:  majority 
of  board  may  perform  duties. 

52.  Compensation    of    members    of    board; 

traveling  expenses;  payment  of 
such  amounts;  no  claim  to  be  made 
against  the  state. 

53.  Board  to  report  quarterly  to  the  gov- 

ernor; money  in  excess  of  five  hun- 
dred dollars  to  be  paid  over  to  the 
state  treasurer  for  public  schools. 

54.  Board    to    hold    pubjjc    examinations ; 

publication  of  notice  of  such  meet- 
ings. 

55.  Persons  engaged  in  occupation  of  bar- 

ber April  30,  1913,  to  file  affidavit, 
etc. ;  fee ;  issuance  of  certificate  of 
registration ;  annual  renewal  of 
certificate ;  fee ;  fee  for  every  license 
and  certificate  issued. 


§56.  Application  by  persons  desiring  to 
pursue  occupation  of  barber;  fee; 
qualifications  of  applicant ;  exam- 
ination ;  issuance  of  certificate  of 
registration ;  board  to  be  judges 
concerning  barber  schools  and  col- 
leges; persons  making  application 
allowed  to  practice  until  next  regu- 
lar examination  by  board;  permit; 
extension  of  permit  for  good  cause. 

57.  Act   not  to  prevent  person  serving  as 

apprentice  under  license  issued  by 
board  nor  from  attending  school  or 
college  teaching  trade. 

58.  Board    to    furnish    card    or    certificate 

bearing  seal  of  board,  etc. ;  holder 
of  card,  etc.,  to  post  same  in  con- 
spicuous place  in  front  of  working 
chair;  board  to  keep  register  of 
persons  to  whom  certificates,  per- 
mits, etc.,  issued ;  inspection  of 
record;  revocation  of  licenses; 
grounds  for  revocation ;  notice  and 
opportunity  for  hearing  and  pro- 
duction of  testimony ;  reissuance  of 
certificate  or  permit;  application. 

59.  Penalty    for    practicing    occupation    of 

barber  without  certificate,  employ- 
ing person  without  certificate,  fail- 
ing to  keep  certificate,  etc.,  dis- 
played, failing  to  comply  with  sani- 
tary rules  or  for  violation  of  act. 


19 


§§  49-51]  BARBER  BOARD.  [Ch.  5 

LAWS  OF  1913,  CH.  292. 

AN  ACT  creating  a  board  of  examiners  to  examine  and  license  barbers;  prescribing  its 
duties;  providing  for  a  license  to  barbers  to  practice  their  trade  or  culling,  and  pro- 
viding punishment  for  a  violation  thereof. 

§  49.  Unlawful  to  follow  occupation  of  barber  without  having  obtained 
certificate  of  registration;  application  of  act  to  persons  engaged  in  prac- 
tice April  30,  1913.  It  shall  be  unlawful  for  any  person  to  follow  the 
occupation  of  a  barber  in  this  state  unless  he  shall  have  first  obtained 
a  certificate  of  registration,  as  provided  in  this  act:  Provided,  however, 
That  nothing  in  this  act  contained  shall  apply  to  or  affect  any  person  who 
is  now  actually  engaged  in  such  occupation,  except  as  hereinafter  pro- 
vided. [G.  S.  1915,  §  10326.] 

§  50.  Board  of  examiners  created ;  appointment  of  members  of  board ; 
qualifications  of  members;  members  to  appear  before  state  board  of 
health  before  being  appointed;  knowledge  of  contagious  and  infectious 
diseases;  rejection  of  proposed  appointee;  certificate  of  board  of  health; 
term  of  office  of  examiners;  sanitary  rules;  copy  of  rules  furnished;  mem- 
bers to  give  bond  and  take  oath;  vacancies.  A  board  of  examiners,  te 
consist  of  three  members  who  are  now  and  have  been  citizens  of  this  state 
for  at  least  three  years  next  preceding  the  date  of  their  appointment, 
is  hereby  created  to  carry  out  the  purposes  and  to  enforce  the  provisions 
of  this  act.  Such  board  shall  be  appointed  by  the  governor:  Provided, 
That  all  barbers  shall  have  had  at  least  five  years'  practical  experience  as 
a  barber  prior  to  his  appointment.  Each  member,  before  being  so  ap- 
pointed, shall  appear  before  the  state  board  of  health,  whose  duty  it 
shall  be  to  determine  whether  or  not  such  proposed  member  possesses 
sufficient  knowledge  of  contagious  and  infectious  diseases  to  enable  such 
member  to  pass  judiciously  upon  the  qualifications  of  others  in  the  oc- 
cupation of  barber.  If  such  board  of  health  shall  reject  such  proposed 
appointee,  then  the  governor  shall  select  another  in  his  stead  as  before. 
If  the  appointment  be  approved  by  the  board,  said  board  shall  issue  a 
certificate  to  that  effect,  and  all  appointments  made  under  the  provisions 
of  this  act  shall  date  from  the  approval  thereof  as  aforesaid  by  said 
board.  Each  member  of  said  board  shall  serve  for  a  term  of  three  years 
and  until  his  successor  is  appointed  and  qualified,  except  in  the  case  of 
the  first  board,  whose  members  shall  serve  one,  two  and  three  years  re- 
spectively, as  specified  in  their  appointment.  Said  board  shall,  with  the 
approval  of  the  state  board  of  health,  prescribe  such  sanitary  rules  as 
it  may  deem  necessary  to  prevent  spreading  of  infectious  or  contagious 
diseases.  A  copy  of  such  rules  shall  be  furnished  each  person  to  whom 
a  certificate  of  registration  is  granted.  Each  member  of  said  board  shall, 
before  entering  upon  the  discharge  of  his  duties,  give  a  bond  in  the  sum 
of  two  thousand  dollars,  with  a  surety  or  sureties,  to  be  approved  by  the 
secretary  of  state,  conditioned  for  the  faithful  performance  of  his  duties, 
and  shall  take  the  oath  provided  by  law  for  public  officers.  Vacancies 
upon  said  board,  caused  by  death,  resignation  or  other  cause,  shall  be 
filled  by  appointment  in  the  same  manner  as  provided  herein  for  regular 
appointments.  [G.  S.  1915,  §  10327.] 

§51.  Officers  of  board;  headquarters;  seal;  administration  of  oaths; 
majority  of  board  may  perform  duties.  Said  board  shall  elect  a  president, 
secretary  and  treasurer ;  shall  have  its  headquarters  at  such  place  in  the 
state  as  the  board  may  determine;  shall  have  a  common  seal,  and  the 
secretary  and  president  shall  have  the  power  to  administer  oaths.  A 
majority  of  said  board  may  perform  the  duties  and  exercise  the  powers 


6fc.  5]  BARBER  BOARD.  [§§  52-5« 

devolving  upon  said  board,  under  the  provisions  hereof.  [G.  S.  1915, 
§  10328.] 

§52.  Compensation  of  members  of  board;  traveling  expenses;  pay- 
ment of  such  amounts;  no  claim  to  be  made  against  the  state.  Each  mem- 
ber of  said  board  shall  receive  a  compensation  of  five  dollars  per  day  for 
his  service,  and  such  traveling  expenses  as  may  have  been  necessarily 
incurred  in  the  proper  discharge  of  his  duties,  and  shall  be  paid  out  of 
any  money  in  the  hands  of  the  treasurer  of  said  board:  Provided,  That 
no  charge  or  claim  shall  be  made  against  the  state  for  any  such  service 
rendered  or  expense  incurred.  [G.  S.  1915,  §  10329.] 

§53.  Board  to  report  quarterly  to  the  governor;  money  in  excess  of 
five  hundred  dollars  to  be  paid  over  to  state  treasurer  for  public  schools. 
Said  board  shall  report  quarterly  to  the  governor  of  the  state  a  full  state- 
ment of  the  receipts  and  disbursements  of  the  board,  beginning  April  1, 
1913,  and  a  full  statement  of  its  doings  and  proceedings  and  such  recom- 
mendations as  it  may  deem  proper,  looking  to  the  better  carrying  out  of 
the  intent  and  purposes  of  this  act.  Any  money  in  the  hands  of  the  treas- 
urer of  said  board  at  the  time  of  making  such  report,  in  excess  of  five 
hundred  dollars,  shall  be  paid  over  to  the  state  treasurer  for  the  mainte- 
nance if  [of]  the  public  schools  of  the  state.  [G.  S.  1915,  §  10330.] 

§  54.  Board  to  hold  public  examinations ;  publication  of  notice  of  such 
meetings.  Such  board  shall  hold  public  examinations  at  least  four  times 
in  each  year,  at  such  times  and  peaces  as  it  may  deem  advisable,  notice  of 
such  meetings  to  be  given  by  publication  thereof,  in  at  least  two  news- 
papers published  in  this  state,  at  least  ten  da*ys  prior  to  such  meetings. 
[G.  S.  1915,  §  10331.] 

§  55.  Persons  engaged  in  occupation  of  barber  April  30,  1913,  to  file 
affidavit,  etc.;  fee;  issuance  of  certificate  of  registration;  annual  renewal 
of  certificate;  fee;  fee  for  every  license  and  certificate  issued.  Every 
person  now  engaged  in  the  occupation  of  barber  in  this  state  shall,  within 
ninety  days  after  approval  of  this  act,  file  with  the  secretary  of  said 
board  an  affidavit,  setting  forth  his  name,  residence  and  the  length  of 
time  and  the  place  where  he  has  practiced  such  occupation,  and  shall  pay 
to  the  treasurer  of  said  board  one  dollar ;  thereupon  a  certificate  of  regis- 
tration, entitling  him  to  pursue  such  avocation  during  the  calendar  year 
ending  December  thirty-first,  and  each  such  barber,  thirty  days  prior  to 
the  expiration  of  their  respective  certificate,  shall  make  application  for 
the  renewal  of  the  same,  stating  the  number  of  expiring  certificate,  and 
shall  in  each  case  pay  to  the  treasurer  of  said  board  the  sum  of  one  dollar 
therefor.  For  any  and  every  license  or  certificate  given  or  issued  by  the 
board  a  fee  of  one  dollar  shall  be  paid  by  the  person  receiving  the  same. 
[G.  S.  1915,  §  10332.] 

§  50.  Application  by  persons  desiring  to  pursue  occupation  of  barber; 
fee;  qualifications  of  applicant;  examination;  issuance  of  certificate  of 
registration;  board  to  be  judges  concerning  barber  schools  and  colleges; 
persons  making  application  allowed  to  practice  until  next  regular  ex- 
amination by  board;  permit;  extension  of  permit  for  good  cause.  Any 
person  not  following  the  occupation  of  a  barber  at  the  time  of  the  taking 
effect  of  this  act,  desiring  to  pursue  such  occupation  in  this  state,  shall 
make  application  to  said  board  therefor,  and  shall  pay  to  the  treasurer  of 
said  board  an  examination  fee  of  five  dollars,  and  shall  present  himself  at 
the  then  next  regular  meeting  of  the  board,  for  the  examination ;  whereon 
said  board  shall  proceed  to  examine  such  person  and,  being  satisfied  that 

21 


§§  57,  58]  BARBER  BOARD.  [Ch.  5 

he  is  above  the  age  of  nineteen  years,  of  good  moral  character,  free  from 
contagious  or  infectious  diseases,  has  either  studied  the  trade  for  one 
year  as  an  apprentice,  under  a  qualified  and  practicing  barber,  or  studied 
the  trade  for  at  least  one  year  in  a  recognized  barber  school  or  college, 
under  instructions  of  a  qualified  barber,  or  practiced  the  trade  in  another 
state  for  at  least  one  year,  and  is  possessed  of  the  requisite  skill  in  such 
trade  to  properly  perform  all  of  the  duties  thereof,  including  his  ability 
in  shaving,  hair  cutting,  preparation  of  tools,  and  all  duties  and  services 
incident  thereto,  and  is  possessed  of  sufficient  knowledge  concerning  the 
common  diseases  of  the  face  and  skin,  to  avoid  the  aggravation  and 
spreading  thereof,  shall  enter  his  name  in  the  register  hereinafter  pro- 
vided for,  and  shall  issue  to  him  a  certificate  of  registration,  authorizing 
him  to  practice  said  trade  in  this  state:  Provided,  That  whenever  it  ap- 
pears that  applicant  has  acquired  his  knowledge  of  said  trade  in  a  barber 
school  or  college  the  board  shall  be  judges  of  whether  said  barber  school 
or  college  is  properly  appointed  and  conducted  to  give  sufficient  training 
in  such  trade.  All  persons  making  such  application  for  examination 
under  the  provisions  of  this  act  shall  be  allowed  to  practice  the  occupa- 
tion of  barbering  until  the  meeting  for  the  next  regular  examination  by 
the  said  board,  and  no  longer,  and  the  secretary  shall  give  him  a  permit  to 
do  so:  Provided,  however,  That  such  time  may  be  extended  by  the  board 
for  good  cause  shown.  [G.  S.  1915,  §  10333.] 

§  57.  Act  not  to  prevent  person  serving  as  apprentice  under  license 
issued  by  board  nor  from  attending  school  or  college  teaching  trade. 
Nothing  in  this  act  shall  prohibit  any  person  from  serving  as  an  appren- 
tice in  such  trade  under  license  issued  by  the  board,  under  a  barber  au- 
thorized to  practice,  nor  from  attending  as  a  student  in  any  schood  or 
college  teaching  such  trade.  [G.  S.  1915,  §  10334.] 

§  58.  Board  to  furnish  card  or  certificate  bearing  seal  of  board,  etc. ; 
holder  of  card,  etc.,  to  post  same  in  conspicuous  place  in  front  of  work- 
ing chair;  board  to  keep  register  of  persons  to  whom  certificates,  per- 
mits, etc.,  issued ;  inspection  of  record ;  revocation  of  licenses ;  grounds  for 
revocation;  notice  and  opportunity  for  hearing  and  production  of  testi- 
mony; reissuance  of  certificate  or  permit;  application.  Said  board  shall 
furnish  to  each  person  to  whom  a  certificate  of  registration  is  issued  a 
card  or  certificate,  in  such  form  as  it  shall  adopt,  bearing  the  seal  of  the 
board  and  the  signature  of  its  president  and  secretary,  certifying  that  the 
holder  thereof  is  entitled  to  practice  the  occupation  of  barber  in  this  state, 
and  it  shall  be  the  duty  of  the  holder  of  such  card  or  insignia  to  post  the 
same  in  a  conspicuous  place  in  front  of  his  working  chair  where  it  may  be 
readily  seen  by  all  persons  whom  he  may  serve.  Said  board  shall  keep  a 
register,  in  which  shall  be  entered  the  names  of  all  persons  to  whom  cer- 
tificates are  issued,  and  to  whom  permits  for  serving  apprenticeship,  or 
as  students,  under  the  provisions  of  this  act,  and  said  register  shall,  at  all 
times,  be  open  to  public  inspection.  Said  board  shall  have  power  to  re- 
voke any  certificate  of  registration  granted  by  it  under  this  act,  for 
habitual  drunkenness,  gross  incompetency,  failure  or  refusal  to  properly 
provide  or  guard  against  contagious  or  infectious  disease,  or  the  spread- 
ing thereof,  in  the  practice  of  the  occupation  aforesaid,  violation  of  the 
rules  of  the  board,  or  for  any  extortion  or  overcharge  practiced:  Pro- 
vided, That  before  any  certificate  or  permit  shall  be  revoked  the  holder 
thereof  shall  have  notice  in  writing  of  the  charge  or  charges  against  him 
and  shall,  at  a  day  specified  in  said  notice,  at  least  five  days  after  the 

22 


Ch.  6] 


BLACKLISTING,  ETC. 


[§§  59-62 


service  thereof,  be  given  a  public  hearing  on  said  charge  by  said  board, 
and  full  opportunity  to  produce  testimony  in  his  behalf  and  to  confront 
the  witnesses  against  him.  Any  person,  firm  or  corporation  whose  cer- 
tificate or  permit  has  been  revoked  may,  after  the  expiration  of  ninety 
days,  apply  to  have  the  same  reissued,  upon  a  satisfactory  showing  that 
the  disqualification  has  ceased.  [G.  S.  1915,  §  10335.] 

§  59.  Penalty  for  practicing  occupation  of  barber  without  certificate, 
employing  person  without  certificate,  failing  to  keep  certificate,  etc.,  dis- 
played, failing  to  comply  with  sanitary  rules  or  for  violation  of  act.  Any 
person  practicing  the  occupation  of  barber  without  having  obtained  a  cer- 
tificate of  registration  as  provided  in  this  act,  or  knowingly  employing  a 
person  to  serve  as  barber,  who  has  not  such  certificate,  or  failing  to  keep 
the  certificate,  card  or  permit  mentioned  in  this  act  properly  displayed,  or 
failing  to  comply  with  such  sanitary  rules  as  the  board,  in  conjunction 
with  the  state  board  of  health,  prescribes,  or  for  the  violation  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  they  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  ten  days  nor  more  than  ninety  days,  or  both  such  fine  and  im- 
prisonment. [G.  S.  1915,  §  10336.] 


CHAPTER  6.— BLACKLISTING,  ETC. 


£60.  Employer  not  to  prevent  or  attempt 
to  prevent  discharged  employee 
from  obtaining  employment  from 
other  person,  company,  etc. 

61.  Cause  of  discharge  to  be  furnished: 
provision  held  unconstitutional  and 
void. 

02.   Penalty  for  violation  of  this  act. 


§63.  Liability  of  employer  to  party  in- 
jured where  employer  found  guilty 
of  violation  of  act ;  attorney  fee 
taxed  as  part  of  costs. 

64.  Laws  of  1897,  ch.  120,  and  Laws  of 
1903,  ch.  222,  declared  unconstitu- 
tional and  void. 


LAWS  OF  1897,  CH.  144. 

AN  ACT  to  prevent  blacklisting  by  employers  of  labor,   providing  penalties  therefor,   and 
for  the  recovery  of  damages. 

§  60.  Employer  not  to  prevent  or  attempt  to  prevent  discharged  em- 
ployee from  obtaining  employment  from  other  person,  company,  etc.  Any 

employer  of  labor  in  this  state,  after  having  discharged  any  person  from 
his  service,  shall  not  prevent  or  attempt  to  prevent  by  word,  sign  or 
writing  of  any  kind  whatsoever  any  such  discharged  employee  from  ob- 
taining employment  from  any  other  person,  company  or  corporation,  ex- 
cept by  furnishing  in  writing,  on  request,  the  cause  of  such  discharge. 
[G.  S.  1915,  §  5949.] 

§61.  Cause  of  discharge  to  be  furnished;  provision  held  unconstitu- 
tional and  void.  [The  provision  of  this  section,  "that  any  employer  of 
labor  in  this  state  shall,  upon  the  request  of  a  discharged  employee,  fur- 
nish in  writing  the  true  cause  or  reason  for  such  discharge,"  was  de- 
clared unconstitutional  and  void  by  the  supreme  court  of  Kansas  in  the 
case  of  Railway  Co.  v.  Brown,  80  Kan.  312.] 

§  62.  Penalty  for  violation  of  this  act.  Any  employer  of  labor,  his 
agent  or  employee,  who  shall  violate  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  shall  upon  conviction  be  fined  for  each 
offense  the  sum  of  one  hundred  dollars,  and  thirty  days'  imprisonment 
in  the  county  jail.  [G.  S.  1915,  §  5951.] 


23 


§§  63-66] 


CHAIRS,  ETC.,  FOR  WOMEN  AND  GIRLS. 


[Ch.  7 


§  68.  Liability  of  employer  to  party  injured  where  employer  found 
guilty  of  violation  of  act;  attorney  fee  taxed  as  part  of  costs.  Any  per- 
son, firm  or  corporation  found  guilty  of  the  violation  of  sections  one  and 
two  of  this  act,  shall  be  liable  to  the  party  injured  to  an  amount  equal  to 
three  times  the  sum  he  may  be  injured,  and  such  employers  of  labor  shall 
also  be  liable  for  a  reasonable  attorney  fee,  which  shall  be  taxed  as  part 
of  the  costs  in  the  case.  [G.  S.  1915,  §  5952.] 

LAWS  OF  1897,  CH.  120,  AND  LAWS  OF  1903,  CH.  222. 

§  64.  Laws  of  1897,  ch.  120,  and  Laws  of  1903,  ch.  222,  declared  un- 
constitutional and  void.  [Laws  of  1897,  ch.  120,  made  it  unlawful  to  dis- 
charge an  employee  because  he  belonged  to  a  lawful  labor  organization, 
and  provided  for  the  recovery  of  damages  for  such  discharge.  The  act 
was  declared  unconstitutional  and  void  in  the  case  of  Brick  Co.  v.  Perry, 
69  Kan.  297.] 

[Laws  of  1903,  ch.  222,  made  it  unlawful  to  coerce,  require,  demand  or 
influence  person  to  enter  into  any  agreement  not  to  become  or  remain  a 
member  of  any  labor  organization  or  association  as  a  condition  of  se- 
curing employment  or  continuing  in  employment,  and  provided  a  penalty 
for  the  violation  of  the  provisions  of  the  act.  This  act  was  held,  by  the 
supreme  court  of  Kansas,  to  be  valid  and  to  violate  no  constitutional 
right,  in  the  case  of  The  State  v.  Coppage,  87  Kan.  752.  On  appeal  to 
the  supreme  court  of  the  United  States  the  decision  was  reversed  and 
the  act  declared  unconstitutional  and  void,  in  the  case  of  Coppage  v. 
Kansas,  236  U.  S.  1.] 


CHAPTER  7.— CHAIRS,  ETC.,  FOR  WOMEN  AND  GIRLS. 


j65.  Employers  of  women  and  girls  as 
clerks  or  help  to  furnish  chairs, 
stools,  etc.,  for  use  of  such  em- 
ployees when  not  actively  engaged. 


5.   Penalty     for     violation     of     preceding 
section. 


LAWS  OF  1901,  CH.  187. 

AN  ACT  requiring  proprietors,  managers  and  persons  having  charge  of  establishments  or 
places  where  -women  or  girls  are  employed  to  provide  chairs,  stools  or  other  con- 
trivances for  the  seating  of  such  employees,  and  to  permit  them  to  use  the  same  for 
rest  when  not  actively  engaged  in  duties  inconsistent  with  such  requirement,  and  pro- 
viding penalties  for  the  violation  thereof. 

§  65.    Employers   of   women   and   girls   as  clerks  or  help   to  furnish 
chairs,  stools,  etc.,  for  use  of  such  employees  when  not  actively  employed. 

The  proprietor,  manager,  or  person  having  charge  of  any  mercantile  es- 
tablishment, store,  shop,  hotel,  restaurant  or  other  place  where  women  or 
girls  are  employed  as  clerks  or  help  therein  in  this  state  shall  provide 
•chairs,  stools  or  other  contrivances  for  the  comfortable  use  of  such  female 
employees,  and  shall  permit  the  use  of  the  same  by  such  female  employees 
for  the  preservation  of  their  health  and  for  rest  when  not  actively 
employed  in  the  discharge  of  their  respective  duties.  [G.  S.  1915,  §  5947.] 
§  66.  Penalty  for  violation  of  preceding  section.  Any  proprietor,  man- 
ager or  other  person  violating  the  preceding  section  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
in  a  sum  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 
[G.  S.  1915,  §  5948.] 

24 


Ch.  8] 


CHILD  LABOR. 


CHAPTER  8.— CHILD  LABOR. 


§67.  Child  under  fourteen  not  to  be  em- 
ployed in  factory,  workshop,  thea- 
tre", mill,  cannery,  packing  house 
or  operating  elevator;  not  to  be  em- 
ployed in  any  business  during 
school  hours. 

68.  Child    under    sixteen    not    to    be    em- 

ployed in  mine  or  quarry,  or  any 
dangerous  occupation. 

69.  Child    under    sixteen    not    to    be    em- 

ployed before  7  a.  m.  or  after  6 
p.  m. :  number  of  hours  employed 
in  one  day  or  one  week. 

70.  Employers     required     to     obtain     and 

keep  on  file  work  permits  for 
children  under  sixteen. 

71.  Employer    of    children    under    sixteen 

to  post  notice  of  hours  of  labor, 
hours  allowed  for  meals,  etc. ; 
form  of  notice:  noncompliance  with 
notice  deemed  violation  of  act. 

72.  Superintendent    of    schools    or    author- 

ized representative,  or  judge  of 
juvenile  court,  to  issue  work  per- 
mit only  after  conditions  complied 
with:  signed  statement  stating  oc- 
cupation; school  record  or  exam- 
ination required:  evidence  of  age. 

73.  "Work    permits,    matters    to    be    stated 

therein :  signed  by  child  in  pres- 
ence of  officer. 

74.  Permits   to    be    issued    on    blanks    fur- 

nished; duplicate  returned  to  com- 
missioner of  labor  with  statement; 
permit  a  protection  to  employer; 
axception. 

75.  Employer    to    return    permit  .to   officer 

on  termination  of  employment; 
transmission  to  commissioner  of 
labor. 

76.  Revocation      of     permit     by      commis- 

sioner of  labor;  notice  to  employer 
of  child. 

77.  Duty    of    factory    inspector,    inspector 

of  mines  and  their  deputies  to  in- 
spect permits  and  examine  children 
employed;  complaints  to  enforce 
act ;  duty  of  county  attorney. 


§78.  Penalty  for  employing  child  in  viola- 
tion of  act  or  permitting  or  con- 
niving at  such  violation. 

79.  Sections    repealed   by   this   act ;    repeal 

of  acts  in  conflict  with  this  act. 

80.  Penalty    for    inducing    or    permitting 

child  under  eighteen  years  to  as- 
sist in  giving  public  exhibition  of 
hypnotism,  mesmerism,  animal  mag- 
netism, etc. 

81.  Disposing    of    child    with    view    to    its 

being  employed  as  an  acrobat,  gym- 
nast, contortionist,  circus-rider, 
beggar,  pauper,  street  singer,  etc. ; 
taking,  receiving,  employing,  etc., 
child  for  such  purposes;  misde- 
meanor; punishment. 

82.  Parents,    guardians,    etc.,    required    to 

send  children  between  ages  of  eight 
and  fifteen  to  public  or  private 
school ;  required  attendance  of 
child  fourteen  years  or  older  em- 
ployed for  support  of  himself,  etc. : 
children  having  graduated  from 
common  schools  exempt ;  children 
physically  or  mentally  incapaci- 
tated ;  examination  by  physician. 

83.  Duty  of  truant  officer  when  child   ab- 

sent from  school;  written  notice  to 
parent  or  guardian,  etc. ;  service 
of  notice;  complaint  if  act  not 
complied  with  in  five  days ;  juris- 
diction of  juvenile  court,  etc. ;  em- 
ployment of  children  between  ages 
of  eight  and  fifteen  years ;  school 
authorities  may  permit  temporary 
absences  in  extreme  cases  of  emer- 
gency or  domestic  necessity ;  pen- 
alty for  violation  of  provisions  of 
act;  county  attorneys  and  city  at- 
torneys to  prosecute  complaints. 

84.  Period    of    minority    in    males    and   fe- 

males. 

85.  Payment    to    minor    for    services    per- 

formed under  contract  with  such 
minor;  full  satisfaction. 


*  The  federal  act,  passed  September  1,  1916,  has  been  declared 'unconstitutional  and 
void  by  the  supreme  court  of  the  United  States.  The  act  was  entitled  "An  act  to  prevent 
interstate  commerce  in  the  products  of  child  labor,  and  for  other  purposes,"  and  contained 
the  following  provisions,  all  of  which  are  now,  of  course,  inoperative.  (The  act  was 
included  in  this  note  before  it  had  been  passed  upon  by  the  supreme  court,  and,  with  the 
explanation  here  given,  it  is  permitted  to  remain  for  the  information  of  those  desiring  to 
know  what  its  terms  were.) 

"No  producer,  manufacturer,  or  dealer  shall  ship  or  deliver  for  shipment  in  interstate 
or  foreign  commerce  any  article  or  commodity  the  product  of  any  mine  or  quarry,  situated 
in  the  United  States,  in  which  within  thirty  days  prior  to  the  time  of  the  removal  of  such 
product  therefrom  children  under  the  age  of  sixteen  years  have  been  employed  or  per- 
mitted to  work,  or  any  article  or  commodity  the  product  of  any  mill,  cannery,  workshop, 
factory,  or  manufacturing  establishment,  situated  in  the  United  States,  in  which  within 
thirty  days  prior  to  the  removal  of  such  product  therefrom  children  under  the  age  of 
fourteen  years  have  been  employed  or  permitted  to  work,  or  children  between  the  ages  of 
fourteen  years  and  sixteen  years  have  been  employed  or  permitted  to  work  more  than  eight 
hours  in  any  day.  or  more  than  six  days  in  any  week,  or  after  the  hour  of  seven  o'clock 
postmeridian,  or  before  the  hour  of  six  o'clock  antemeridian:  Provided,  That  a  prosecu- 
tion and  conviction  of  a  defendant  for  the  shipment  or  delivery  for  shipment  of  any 
article  or  commodity  under  the  conditions  herein  prohibited  shall  be  a  bar  to  any  further 
prosecution  against  the  same  defendant  for  shipments  or  deliveries  for  shipment  of  any 
such  article  or  commodity  before  the  beginning  of  said  prosecution.'4 

".  .  .  Provided.  That  nothing  in  this  act  shall  be  construed  to  apply  to  bon-a  fidt 
"boys'  and  girls'  canning  clubs  recognized  by  the  Agricultural  Department  of  the  several 
states  and  of  the  United  States." 

The  act  contains  further  provisions  for  carrying  the  same  into  effect,  punishing  viola- 
tions, etc..  and  took  effect  from  and  after  one  year  from  the  date  of  its  passage. 

25 


§§67-69]  CHILD  LABOR.  f  Ch.  8 

LAWS  OF  1917,  CH.  227. 

AN  ACT  relating  to  child  labor  in  the  state  of  Kansas,  providing  penalties  for  the  viola- 
tion hereof  and  repealing  sections  6391,  6392,  6393,  6394  and  6395  of  the  General 
Statutes  of  Kansas  for  1915. 

§  67.  Child  under  fourteen  not  to  be  employed  in  factory,  workshop, 
theatre,  mill,  cannery,  packing  house  or  operating  elevator ;  not  to  be  em- 
ployed in  any  business  during  school  hours.  That  no  child  under  four- 
teen years  of  age  shall  be  at  any  time  employed,  permitted,  or  suffered 
to  work  in  or  in  connection  with  any  factory,  workshop,  theatre,  mill, 
cannery,  packing  house,  or  operating  elevators;  nor  shall  such  child  be 
employed,  permitted  or  suffered  to  work  in  any  business  or  service  what- 
ever during  the  hours  in  which  the  public  school  is  in  session  in  the  dis- 
trict in  which  said  child  resides.  [Laws  1917,  ch.  227,  §  1 ;  May  26.] 

§  68.  Child  under  sixteen  not  to  be  employed  in  mine  or  quarry,  or  any 
dangerous  occupation.  That  no  child  under  sixteen  years  of  age  shall  be 
at  any  time  employed,  permitted,  or  suffered  to  work  in  or  about  any 
mine  or  quarry;  or  at  any  occupation  at  any  place  dangerous  or  injuri- 
ous to  life,  limb,  health  or  morals.  [Laws  1917,  ch.  227,  §  2 ;  May  26.] 

AGE  CERTIFICATES  FOR  CHILDREN  OVER   SIXTEEN   YEARS  OF   AGE. 

In  view  of  the  fact  that  the  child-labor  law  prohibits  the  employment  of  children  under 
sixteen  years  of  age  in  certain  occupations,  and  permits  the  employment  of  such  children 
in  certain  other  occupations  only  when  work  permits  have  been  issued  to  such  children, 
the  commissioner  of  labor  and  industry  has  prepared  and  placed  in  the  hands  of  the 
county  superintendents  of  schools  a  form  (Child  Labor  Form  No.  8)  for  "Age  Certificate 
of  Child  over  Sixteen  Years  of  Age."  The  commissioner's  instructions  on  such  form,  in 
part,  read: 

"The  law  provides  only  for  the  issuing,  of  Avork  permits  to  children  between  fourteen 
and  sixteen  years  of  age.  It  would,  therefore,  be  improper  and  contrary  to  the  law  to 
issue  a  work  permit  to  a  child  that  is  sixteen  years  of  age  or  over.  It  frequently  occurs, 
however,  that  children  over  sixteen  years  of  age  applying  for  employment,  are  unable  to 
secure  the  same  unless  they  can  present  to  the  employer  some  proof  of  their  age.  The 
child-labor  law  makes  no  requirement  for  work  permits  or  age  certificates  of  children  who 
are  sixteen  years  of  age  or  over,  but  to  avoid  misrepresentation  and  for  the  protection  of 
employers  this  form  of  age  certificate  is  provided,  and  we  strongly  urge  that  all  children 
whose  physical  development  would  indicate  that  there  might  be  any  possible  doubt  of  their 
being  at  least  sixteen  years  of  age  be  required  to  file  this  age  certificate  with  their  em- 
ployer. 

"This  certificate  must  not  "be  issued  to  any  chttd  under  sixteen  years  of  acje." 

County  superintendents  of  schools  are  instructed  to  furnish  such  certificates  to 
children  over  sixteen  years  of  age. 

§  69.  Child  under  sixteen  not  to  be  employed  before  7  a.  m.  or  after 
6  p.  m. ;  number  of  hours  employed  in  one  day  or  one  week.  That  no 
child  under  sixteen  years  of  age,  who  is  employed  in  the  several  vocations 
mentioned  in  this  act,  or  in  the  transmission  of  merchandise  or  messages, 
or  any  hotel,  restaurant  or  mercantile  establishment,  shall  be  employed 
before  7  a.m.,  or  after  6  p.m.,  nor  more  than  eight  hours  in  any  one 
calendar  day,  nor  more  than  forty-eight  hours  in  any  one  week.  [Laws 
1917,  ch.  227,  §3;  May  26.] 

The  act  provides  for  the  protection  of  employers  by  procuring  and  keeping  on  file  a 
certificate,  in  such  form  as  prescribed  by  the  board  designated  for  the  carrying  out  of  the 
provisions  of  the  act,  showing  the  child  to  be  of  such  an  age  that  the  shipment,  delivery 
for  shipment,  or  transportation  was  not  prohibited  by  the  act.  Concerning  such  certificate 
the  act  provides:  "In  any  state  designated  by  the  board,  an  employment  certificate  or 
other  similar  paper  as  to  the  age  of  the  child,  issued  under  the  laws  of  that  state  and 
not  inconsistent  with  the  provisions  of  this  act,  shall  have  the  same  force  and  effect  as  a 
certificate  herein  provided  for." 

The  act  is  published  in  39  United  States  Statutes  at  Large,  page  675,  and  in  8  United 
States  Compiled  Statutes,  "Annotated,  1916,  page  9602. 

26 


Ch.  8]  CHILD  LABOR.  [§§  70-72 

§  70.  Employers  required  to  obtain  and  keep  on  file  work  permits  for 
children  under  sixteen.  That  all  persons,  firms,  or  corporations  employ- 
ing children  under  sixteen  years  of  age  in  any  of  the  vocations  mentioned 
in  this  act,  shall  be  required  to  first  obtain  and  keep  on  file  and  accessible 
to  any  inspector  or  officer  charged  with  the  enforcement  of  this  act,  the 
work  permit  as  hereinafter  provided  for.  [Laws  1917,  ch.  227,  §4; 
May  26.] 

§  71.  Employer  of  children  under  sixteen  to  post  notice  of  hours  of 
labor,  hours  allowed  for  meals,  etc.;  form  of  notice;  noncompliance  with 
notice  deemed  violation  of  act.  That  every  employer  shall  keep  posted  in 
a  conspicuous  place  near  the  principal  entrance,  in  any  establishment 
where  children  under  sixteen  years  of  age  are  employed,  permitted  or 
suffered  to  work,  a  notice  stating  the  maximum  number  of  hours  such 
child  may  be  required,  or  permitted  to  work,  on  each  day  of  the  week,  the 
hours  of  commencing  and  stopping  work  and  the  hours  allowed  for  din- 
ner or  other  meals.  The  form  for  such  notice  shall  be  furnished  by  the 
commissioner  of  labor,  and  the  employment  of  any  child  for  a  longer 
time  in  any  day  than  so  stated,  or  at  any  time  other  than  as  stated  in 
said  notice,  shall  be  deemed  a  violation  of  the  provisions  of  this  act. 
[Laws  1917,  ch.  227,  §  5;  May  26.] 

§  72.  Superintendent  of  schools  or  authorized  representative,  or  judge 
of  juvenile  court,  to  issue  work  permit  only  after  conditions  complied  with; 
signed  statement  stating  occupation;  school  record  or  examination  re- 
quired; evidence  of  age.  That  the  superintendent  of  schools  or  his  duly 
authorized  representative,  or  the  judge  of  the  juvenile  court,  shall  issue 
a  work  permit  only  after  he  has  received,  examined,  approved,  and  filed 
the  following  papers  duly  executed,  namely: 

First.  A  written  statement  signed  by  the  person  for  whom  the  child 
expects  to  work,  or  by  some  one  duly  authorized  by  such  person,  stating 
the  occupation  at  which  he  intends  to  employ  such  child. 

Second.  The  school  record  of  such  child  properly  filled  out  and  signed 
by  the  principal  of  the  school  last  attended,  setting  forth  that  such  child 
has  completed  the  course  of  study  prescribed  for  elementary  schools  by 
the  state  board  of  education.  In  case  such  school  record  is  not  available 
then  the  official  issuing  the  permit  shall  cause  such  child  to  be  examined 
to  determine  whether  or  not  such  child  has  the  educational  qualifications 
equivalent  to  a  completion  of  the  elementary  course  of  study  prescribed 
by  the  state  board  of  education,  and  shall  file  in  the  office  a  statement 
setting  forth  the  result  of  such  examination:  Provided,  That  a  permit 
may  be  issued  to  allow  a  child  who  has  not  completed  the  course  of  study 
provided  for  herein  to  work  when  school  is  not  in  session  in  the  district 
in  which  such  child  resides,  subject  to  all  the  other  limitations  of  this  act. 

Third.  Evidence  of  age  of  the  child,  showing  that  the  child  is  four- 
teen years  of  age ;  and  that  the  state  commissioner  of  labor  shall  be,  and 
hereby  is  authorized,  empowered,  and  directed  to  make  and  prescribe, 
and  from  time  to  time  to  change  and  amend  such  rules  and  regulations, 
not  in  conflict  with  this  act,  as  he  may  deem  necessary  and  proper  to 
secure  satisfactory  evidence  of  the  age  of  the  child  applying  for  a  work 
permit:  Provided,  however,  That  the  evidence  of  age,  and  the  manner 
of  preparing  and  producing  such  evidence,'  required  under  such  rules  and 
regulations,  shall  comply  substantially  with  the  requirements  as  to  proof 
of  age  prescribed  by  any  rules  and  regulations  made  pursuant  to  the  act  of 
congress  entitled,  "An  act  to  prevent  interstate  commerce  in  the  products 

27 


§§  73,  74]  CHILD  LABOR.  [Ch.  8 

•» 

of  child  labor,  and  for  other  purposes,  approved  September  1,  1916,"  and 
any  amendments  thereto  hereafter  made.  [Laws  1917,  ch.  227,  §  6;  May 
26.] 

RULES  AND  REGULATIONS  GOVERNING  PROOFS  OF  AGE  OF  CHILD. 

(Prescribed  by  the  commissioner  of  labor  under  authority  of  the  preceding  section  of  the 

child-labor  law.) 

The  proof  of  age  to  be  accepted  and  approved  must  show  that  the  child  is  fourteen 
years  of  age  or  over  and  shall  consist  of  the  following-named  proofs,  duly  attested,  and 
the  proof  accepted  shall  be  specified  in  the  work  permit  issued  to  the  child,  and  a  statement 
thereof  kept  on  file  by  the  officer  issuing  such  work  permit;  the  proof  specified  in  sub- 
division A  shall  be  required  first,  but  if  it  is  not  available  then  one  of  the  proofs  specified 
in  the  succeeding  subdivisions  shall  be  required  and  in  the  order  designated  until  the  age 
of  the  child  be  established. 

In  case  any  of  the  proofs  of  age  enumerated  in  subdivisions  B,  C  or  D  are  presented 
the  same  must  in  all  cases  be  verified  and  conform  to  the  record  of  the  age  of  the  child, 
as  shown  by  the  school  census  record,  if  there  be  any  such  record,  but  the  school  census 
record  of  itself  must  not  be  accepted  as  proof  of  age,  unless  supported  and  confirmed  by 
one  of  the  proofs  of  age  specified  as  follows: 

(a)  A  birth  certificate  or  transcript  thereof  issued  by  a  registrar  of  vital  statistics  or 
other  officer  charged  with  the  duty  of  recording  births,  which  certificate  or  transcript 
thereof  shall  be  prima  facie  evidence  of  the  age  of  the  child. 

(&)  A  certificate  of  baptism  or  transcript  thereof,  showing  the  date  of  birth  and  place 
of  baptism  of  the  child. 

(c)  A  bona  fide  record  of  the  date  and  place  of  the  child's  birth  kept  in  the  Bible  in 
which  the  records  of  the  births,  marriages,  and  deaths  in  the  family  of  the  child  are  pre- 
served;  or  a  certificate  of  confirmation  or  other  church  ceremony   at  least  one  year  old 
showing  the  age  of  the  child  and  date  and  place  of  such  confirmation  or  ceremony ;  or  a 
passport  showing  the  age  of  the  child;   or  a   certificate  of   arrival   in  the  United   States, 
issued  by  the  United  States  immigration  officers  and  showing  the  age  of  the  child;  or  a 
life  insurance  policy  at  least  one  year  old  showing  the  age  of  the  child. 

(d)  A   certificate   signed  by  two  physicians,   at  least  one  of   whom  shall  be  a  public 
health  officer  or  public  school  medical  inspector,  showing  that  they  have  separately  exam- 
ined the  child  and  that  in  their  opinion  the  child  is  at  least  fourteen  years  of  age;  such 
certificate  shall  show  the  height  and  weight  of  the  child,  the  condition  of  its  teeth,  and  any 
other  facts  concerning  its  physical  development  revealed  by  such  examination   and  upon 
which  their  opinion  as  to  its  age  is  based. 

§  73.  Work  permits,  matters  to  be  stated  therein;  signed  by  child  in 
presence  of  officer.  That  every  work  permit  shall  state  the  name,  sex, 
the  date  and  place  of  birth,  and  the  place  of  residence,  and  describe  the 
color  of  the  hair  and  eyes,  and  the  height  and  weight  of  such  child,  and 
shall  contain  a  statement  of  the  proof  of  age  accepted  and  shall  verify 
that  the  papers  required  by  the  preceding  sections  have  been  duly  ex- 
amined, approved,  and  filed,  and  that  the  child  named  in  such  permit  has 
appeared  before  the  official  issuing  the  permit  and  has  been  examined. 
Every  such  permit  shall  be  signed  in  the  presence  of  the  official  issuing  the 
same,  by  the  child  in  whose  name  it  is  issued.  It  shall  show  the  date  of  its 
issue.  [Laws  1917,  ch.  227,  §  7;  May  26.] 

§  74.  Permits  to  be  issued  on  blanks  furnished;  duplicate  returned  to 
commissioner  of  labor  with  statement;  permit  a  protection  to  employer; 
exception.  That  the  permits  provided  for  under  this  act  shall  be  issued 
upon  blanks  furnished  by  the  commissioner  of  labor  and  shall  be  made  out 
in  duplicate;  one  of  such  duplicates  shall  be  forthwith  returned  to  the 
commissioner  of  labor,  by  the  party  issuing  the  same,  with  a  statement  of 
the  character  and  substance  of  the  evidence  offered  prior  to  the  issuance 
of  such  permit.  Such  permit  shall  be  sufficient  protection  to  the  employer 
of  any  child  as  to  the  age  of  such  child,  except  when  such  employer  has 

28 


Ch.  8]  CHILD  LABOR. [§§  75-80 

actual  knowledge  of  the  falsity  of  such  permit.     [Laws  1917,  ch.  227,  §  8; 
May  26.] 

§  75.  Employer  to  return  permit  to  officer  on  termination  of  employ- 
ment; transmission  to  commissioner  of  labor.  That  on  the  termination 
of  the  employment  of  a  child  whose  work  permit  is  on  file,  such  permit 
shall  be  returned  by  the  employer  within  two  days  to  the  official  who 
issued  the  same ;  upon  receipt  of  which  the  official  shall  transmit  the  same 
or  a  copy  of  the  same  to  the  state  commissioner  of  labor.  [Laws  1917, 
ch.  227,  §9;  May  26.] 

§  76.  Revocation  of  permit  by  commissioner  of  labor;  notice  to  em- 
ployer of  child.  That  whenever  it  shall  appear  to  the  commissioner  of 
labor  that  any  permit  has  been  improperly  or  illegally  issued  or  that  the 
physical  or  moral  welfare  of  such  child  could  be  best  served  by  the  revoca- 
tion of  such  permit,  he  may  forthwith .  revoke  the  same,  and  shall  then 
notify  the  person  employing  such  child  and  the  child  holding  such  permit 
of  such  revocation.  [Laws  1917,  ch.  227,  §  10;  May  26.] 

§  77.  Duty  of  factory  inspector,  inspector  of  mines  and  their  deputies 
to  inspect  permits  and  examine  children  employed;  complaints  to  enforce 
act;  duty  of  county  attorney.  That  it  shall  be  the  duty  of  the  state  fac- 
tory inspector,  state  inspector  of  mines  and  their  deputies,  to  inspect  the 
permits  and  lists  hereinabove  provided  for,  to  examine  children  employed 
in  factories,  workshops,  theatres,  elevators,  packing  houses  and  mines, 
and  the  vocations  mentioned  in  sections  1  and  2  of  this  act,  as  to  their  age 
and  education,  and  to  file  complaints  in  any  court  of  competent  jurisdic- 
tion to  enforce  the  provisions  of  this  act,«and  it  shall  be  the  duty  of  the 
county  attorney  of  the  proper  county  to  appear  and  prosecute  all  com- 
plaints so  filed.  [Laws  1917,  ch.  227,  §  11;  May  26.] 

§  78.  Penalty  for  employing  child  in  violation  of  act  or  permitting  or 
conniving  at  such  violation.  That  any  person,  firm  or  corporation  employ- 
ing any  person  or  child'  in  violation  of  any  provision  of  this  act,  or  per- 
mitting or  conniving  at  such  violation,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  a  period  of  not  less  than  thirty  days  nor  more 
than  ninety  days.  [Laws  1917,  ch.  227,  §  12;  May  26.] 

§  70.  Sections  repealed  by  this  act;  repeal  of  acts  in  conflict  with  this 
act.  That  sections  6391,  6392,  6393,  6394  and  6395,  of  the  General  Stat- 
utes of  1915,  and  all  acts  and  parts  of  acts  in  conflict  with  the  provisions 
of  this  act  are  repealed.  [Laws  1917,  ch.  227,  §  13 ;  May  26.] 

LAWS  OF  1903,  CH.  219. 

AN  ACT  to  provide  against  public  exhibitions  of  hypnotism,   mesmerism,   animal  magnet- 
ism, or  so-called  psychical  forces. 

§  80.  Penalty  for  inducing  or  permitting  child  under  eighteen  years 
to  assist  in  giving  public  exhibition  of  hypnotism,  mesmerism,  animal 
magnetism,  etc.  That  any  person  or  persons  who  shall  within  this  state 
induce  or  permit  any  child  under  eighteen  years  of  age  to  practice  or 
assist  or  become  a  subject  in  giving  public,  open  exhibitions,  seances  or 
shows  of  hypnotism,  mesmerism,  animal  magnetism  or  so-called  psycfllcal 
forces  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned 
in  the  county  jail  not  less  than  ten  days  nor  more  than  three  months,  or 
by  both  such  fine  and  imprisonment.  [G.  S.  1915,  §  6402.] 

29 


§§81,82]  CHILD  LABOR.  [Ch.  8 

LAWS  OF  1889,  CH.  104. 

AN  ACT  for  the  protection  of  children. 

§  81.  Disposing  of  child  with  view  to  its  being  employed  as  an  acro- 
bat, gymnast,  contortionist,  circus-rider,  beggar,  pauper,  street  singer, 
etc.;  taking,  receiving,  employing,  etc.,  child  for  such  purposes;  misde- 
meanor; punishment.  .  .  .  Any  person  having  in  his  custody  or  con- 
trol a  child  under  the  age  of  fourteen  years,  who  shall  in  any  way  dispose 
of  it  with  a  view  to  its  being  employed  as  an  acrobat,  or  a  gymnast,  or 
a  contortionist,  or  a  circus-rider,  or  a  rope-walker,  or  in  any  exhibition 
of  like  dangerous  character,  or  as  a  beggar  or  mendicant,  or  pauper,  or 
street  singer,  or  street  musician ;  or  any  person  who  shall  take,  receive, 
hire,  employ,  use,  exhibit,  or  have  in  custody  any  child  of  the  age  last 
named  for  any  of  the  purposes  last  enumerated,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  when  convicted  thereof  shall  be  subject  to  punish- 
ment by  a  fine  of  not  more  than  two  hundred  and  fifty  dollars,  or  by 
imprisonment  for  a  term  not  exceeding  one  year,  or  both.  [G.  S  1915, 
§  6403.] 

LAWS  OF  1903,  AS  AMENDED  BY  LAWS  OF  1907,  CH.  317. 

AN  ACT  to  promote  the  attendance  of  pupils  in  schools,  to  prevent  truancy,  to  provide 
for  the  appointment  of  truant  officers,  to  define  the  rights  and  duties  and  compensa- 
tion of  such  officers,  to  prescribe  the  penalties  for  violation  of  this  act,  and  to  repeal 
chapter  123  of  the  Session  Laws  of  1874,  being  paragraphs  6420,  6421,  6422  and 
6423  of  the  General  Statutes  of  Kansas,  1901. 

§  82.  Parents,  guardians,  etc.,  required  to  send  children  between  ages 
of  eight  and  fifteen  to  public  or  private  school;  required  attendance  of 
child  of  fourteen  years  or  oldeV  employed  for  support  of  himself,  etc.; 
children  having  graduated  from  common  schools  exempt;  children  phys- 
ically or  mentally  incapacitated;  examination  by  physician.  That  every 
parent,  guardian  or  other  person  in  the  state  of  Kansas  having  control 
or  charge  of  any  child  or  children  between  the  ages  of  eight  and  fifteen 
years,  inclusive,  shall  be  required  to  send  such  child  or  children  to  a 
public  school,  or  a  private,  denominational  or  parochial  school  taught  by  a 
competent  instructor,  each  school  year,  for  such  period  as  said  school 
is  in  session:  Provided,  That  any  child  of  the  age  of  fourteen  years  or 
more  who  is  able  to  read  and  write  the  English  language,  and  who  is 
actively  and  regularly  employed  for  his  own  support  or  for  the  support  of 
those  dependent  upon  him,  shall  not  be  required  to  attend  the  aforesaid 
schools  for  a  longer  period  or  term  than  eight  consecutive  weeks  in  any 
one  year:  Provided,  That  any  and  all  children  that  have  received  a  cer- 
tificate of  graduation  from  the  common  schools  of  any.  county  or  certifi- 
cate of  admission  to  a  high  school  in  any  city  of  the  state  of  Kansas  shall 
be  exempt  from  the  provisions  of  this  act:  Provided,  That  the  children 
who  are  physically  or  mentally  incapacitated  for  the  work  of  common 
schools  are  exempt  from  the  provisions  of  this  act;  but  the  school  author- 
ities shall  have  the  right,  and  they  are  hereby  authorized,  when  such 
exemption  under  the  provision  of  this  act  is  claimed  by  any  parent, 
guardian,  or  other  person  in  the  control  or  charge  of  such  child  or 
children,  to  cause  an  examination  of  such  child  or  children  by  a  physician 
or  physicians  employed  for  such  purpose  by  such  authorities,  and  if 
such^  physician  or  physicians  hold  that  such  child  or  children  are  capable 
of  doing  the  work  in  the  common  schools,  then  such  child  or  children  shall 
not  be  exempt  from  the  provisions  of  this  act.  [G.  S.  1915,  §  9415.] 

The  act  of   1917  concerning  child  labor    (§§  67-79,   supra),   being  the  later   enact- 
ment, would  control  where  its  provisions  are  in  conflict  with  the  provisions  of  this  act. 
A  child  who  attends  a  private,   denominational  or  parochial  school  is  not  a  truant       The 
State  v.  Will,  99  K.  167. 

30 


Ch.  8]  CHILD  LABOR.  [§  83 

§  83.  Duty  of  truant  officer  when  child  absent  from  school;  written 
notice  to  parent  or  guardian,  etc.:  service  of  notice;  complaint  if  act  not 
complied  with  in  five  days;  jurisdiction  of  juvenile  court,  etc.;  employ- 
ment of  children  between  ages  of  eight  and  fifteen  years;  school  authori- 
ties may  permit  temporary  absences  in  extreme  cases  of  emergency  or 
domestic  necessity;  penalty  for  violation  of  provisions  of  act;  county 
attorneys  and  city  attorneys  to  prosecute  complaints.  .  .  .  Each  truant 
officer,  in  his  respective  district,  shall  see  that  the  provisions  of  this  act 
are  complied  with,  and  when  from  personal  knowledge,  or  by  report, 
or  complaint  of  any  resident  or  teacher  of  the  district  under  his  super- 
vision, or  from  any  information,  he  believes  that  any  child  subject  to  the 
provisions  of  this  act  is  habitually  absent  from  any  school  which  it  should 
or  has  been  accustomed  to  attend,  or  has  been  assigned  to  attend  by  or- 
der of  the  directors  of  any  country  district,  or  by  the  classification,  trans- 
fer, or  order  of  the  board  of  education  or  superintendent  of  schools  of 
any  city  of  the  first  or  second  class,  for  a  period  of  three  or  more  con- 
secutive days,  unless  excused  under  the  provisions  of  section  1  of  this 
act,  he  shall  immediately  give  written  notice  to  the  parent,  guardian 
or  other  person  having  control  or  charge  of  such  child,  or,  in  the  absence 
of  such  parent,  guardian  or  other  person  having  control  or  charge  from 
his  or  her  usual  place  of  residence,  shall  leave  a  copy  of  such  notice  with 
some  person  over  twelve  years  of  age  residing  at  the  said  usual  place  of 
residence,  with  instructions  to  hand  said  notice  to  said  parent,  guardian 
or  other  person  having  control  or  charge  of  such  child,  which  notice  shall 
require  the  attendance  of  said  child  at  said  school  within  five  days  from 
date  of  same;  and  if  within  five  days  from  the  date  of  said  notice  such 
parent,  guardian  or  other  person  having  control  or  charge  of  such  child 
does  not  comply  with  the  provisions  of  this  act,  then  such  truant  officer 
shall  make  complaint  in  the  name  of  the  state  of  Kansas  against  such 
parent,  guardian  or  other  person  having  control  or  charge  of  such  child 
in  the  juvenile  court  or  other  court  of  competent  jurisdiction  of  such 
county,  which  court  is  hereby  clothed  with  jurisdiction  over  all  offenders 
and  proceedings  under  this  act,  with  full  power  to  try  and  hear  all  com- 
plaints, impose  fines,  enforce  their  collection  by  distress  or  imprisonment, 
and  to  fully  execute  the  provisions  of  this  act.  It  shall  be  unlawful  for 
any  merchant,  company,  or  other  party,  without  the  written  permit  of 
the  board  of  directors  of  any  country  district,  or  of  the  board  of  educa- 
tion of  any  city  of  the  first  or  second  class,  to  employ  any  child  therein, 
between  the  ages  of  eight  and  fifteen  years,  during  the  sessions  of  the 
school  term  or  year,  unless  such  child  is  exempt  from  attendance  under 
the  provisions  of  section  1:  Provided,  That  the  board  of  directors  of  any 
country  district  or  the  board  of  education  of  any  city  of  the  first  or  sec- 
ond class  shall  have  authority,  in  the  exercise  of  a  sound  discretion,  to 
permit  temporary  absences  of  children  from  school,  between  the  ages  of 
eight  and  fourteen  years,  in  extreme  cases  of  emergency  or  domestic  ne- 
cessity. Any  parent,  guardian  or  other  person  having  control  or  charge 
of  such  child  delinquent  in  school  attendance,  and  any  merchant,  com- 
pany, or  other  party  unlawfully  employing  such  child,  upon  conviction 
of  the  violation  of  any  provision  of  this  act,  or  of  the  act  of  which  this 
is  amendatory,  shall  be  adjudged  guilty  of  a  misdemeanor,  and  shall  be 
fined  in  a  sum  not  less  than  five  dollars  nor  more  than  twenty-five  dollars 
for  each  offense,  and  be  committed  to  the  county  jail  till  same  is  paid ;  all 
fines  collected  shall  be  paid  into  the  county  treasury  for  the  support  of 
the  common  schools.  It  shall  be  the  duty  of  all  county  attorneys,  for 

31 


§§  84,  85] 


CIVIL-SERVICE  COMMISSION, 


[Ch.9 


country  districts,  in  their  respective  counties,  and  of  all  city  attorneys, 
in  their  respective  cities,  to  prosecute  all  complaints  filed  and  actions 
brought  under  this  act  or  under  the  provisions  of  the  act  of  which  this 
is  amendatory.  [G.  S.  1915,  §  9416.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  82,  supra. 

The  omitted  portion  of  this  section  relates  to  the  appointment  of  truant  officers. 

Concerning  child  labor  see  note  to  §  82,  supra. 

LAWS  OF  1917,  CH.  184. 

AN  ACT  to  amend  section  6357  of  the  General  Statutes  of  Kansas  of  1915,  extending  the 
period  of  minority  in  males  and  females  to  twenty-one  years. 

§  84.  Period  of  minority  in  males  and  females.  The  period  of  minority 
extends  in  males  and  females  to  the  age  of  twenty-one  years.  [G.  S.  1915, 
§  6357,  as  amended  by  Laws  1917,  ch.  184,  §  1 ;  May  26.] 

PART  OF  GENERAL  STATUTES  OF  1868,  CH.  67. 

§  85.  Payment  to  minor  for  services  performed  under  contract  witk 
such  minor;  full  satisfaction.  When  a  contract  for  the  personal  service 
of  a  minor  has  been  made  with  him  alone,  and  those  services  are  after- 
wards performed,  payment  made  therefor  to  such  minor  in  accordance 
with  the  terms  of  the  contract  is  a  full  satisfaction  for  those  services,  and 
the  parent  or  guardian  cannot  recover  therefor.  [G.  S.  1915,  §  6360.] 

Payment   to   minor,    for    personal    services,    is    full    satisfaction.      Mining    Co.    v.    Graat, 
68  K.  732. 


CHAPTER  9.— CIVIL-SERVICE  COMMISSION. 


§86.  Appointment  of  electors  as  civil- 
service  commissioners;  term  of  of- 
fice; commissioners  to  constitute 
civil-service  commission  ;  persons 
to  be  appointed  ;  quorum  ;  vacan- 
cies; oath  of  office. 

87.  Civil  service  of  the  state  divided  into 
the  unclassified  service,  the  ex- 
empt service,  and  the  classified 
service;  unclassified  service  not 
subject  to  provisions  of  act; 
included  in  unclassified 


88 


classes 

service. 

Offices    or 


positions  which  the  com- 
mission may  exempt  from  test  and 
competition  ;  office  or  position  not 
exempt  unless  specifically  named 
in  rules  ;  exemptions  not  to  be 
made  after  six  months  without 
public  hearing  ;  appointments  in 
exempt  service  may  be  made  with- 
out test. 

89.  Civil-service    commission    to    classify 

all  other  offices  and  places  of  em- 
ployment; classified  service;  ap- 
pointments to  be  made  in  accord- 
ance with  this  act  ;  temporary  ap- 
pointments. 

90.  Purpose  of  act;   commission  to  make 

rules  to  carry  out  such  purpose; 
investigations  by  commission;  wit- 
nesses; production  of  books,  pa- 
pers, etc. 

91.  Rules     and    changes    therein     to    be 

printed  for  distribution;  notice  of 
places  where  rules  may  be  ob- 
tained; when  rules  or  changes 
take  effect;  certified  copies  of 
rules  and  changes  to  be  deposited 
in  office  of  secretary  of  state. 


§92.  Test  of  applicants  for  office  or  em- 
ployment in  classified  service;  »a- 
ture  of  tests ;  questions  not  to  re- 
late to  political  or  religious  opin- 
ions or  affiliations.  ' 

93.  Commission  may  refuse  to  certify  an 

applicant ;    grounds   of  refusal. 

94.  Commission      to     control     all     tests ; 

members  as  examiners ;  report  to 
commission ;  commission  to  verify 
rating  or  grading;  officials  hav- 
ing charge  of  public  buildings  to 
furnish  room  or  offices  for  pur- 
pose of  test  or  examination. 

95.  Notice   of   time,    place   and    scope   of 

tests  and  promotion  tests ;  publica- 
tion of  notice;  posting;  applica- 
tions for  test ;  applicant  may  be 
required  to  pay  fee;  use  of  fund; 
deposit  with  state  treasurer. 

96.  Commission    to    prepare    register    or 

eligible  list  for  each  grade  or  class 

of    positions;    rank  of    candidates 

on  register  to  be  in  order  of  their 
rating. 

97.  Commission    to    provide    for    promo- 

tions in  classified  service;  basis  of 
promotion ;  appointment  to  be 
made  from  list  of  names  submit- 
ted. 

98.  Appointing  officer  or  board  to  notify 

commission  of  vacancy ;  commis- 
sion to  certify  list  of  candidates ; 
name  of  candidate  may  be  stricken 
from  register  after  being  certified 
three  times;  emergency  lists;  ap- 
pointments from  emergency  list. 


32 


Ch.  9] 


CIVIL-SERVICE  COMMISSION. 


[§86 


§99.  Term  of  office  of  appointive  state 
officers  in  classified  service;  in- 
\  i-stiLcation  v.ithin  thirty  days  be- 
fore expiration  of  term;  certificate 
to  officer  having  appointive  power; 
re-appointment  of  officer. 

100.  Appointing  officer  or  board  to  notify 

commission  of  each  position  to  be 
filled;  appointment  of, one  of  per- 
sons certified  by  commission;  ap- 
pointnu'iits  on  probation;  dis- 
char^e  at  expiration  of  period  of 
probation :  names  remaining  more 
than  two  \rais  may  be  stricken; 
when  examination  or  test  to  be 
held  by  commission;  persons  may 
retain  rating  or  enter  test  for  new 
rating. 

101.  Inmates    of    institutions    may    be    as- 

signed to  minor  duties  without 
test  or  registration. 

1<>2.  Officer  or  employee  in  classified  serv- 
ice not  to  be  removed,  discharged, 
etc.,  because  of  religious  or  po- 
litical opinion  or  affiliation ;  rea- 
sons for  removal  to  be  given  in 
writing  to  commission  and  to  per- 
son removed ;  answer  of  person 
removed ;  approval  of  removal ; 
suspension  of  any  attendant  at 
state  charitable  institution;  rein- 
statement after  investigation ; 
matters  made  part  of  record ;  in- 
vestigations and  hearings  by  com- 
mission. 

1":;.  Notice  to  be  given  in  writing  by  ap- 
pointing officer  or  board  to  the 
commission  of  appointments,  trans- 
fers, promotions,  resignations,  va- 
cancies, creation  or  abolition  of 
offices,  etc. ;  commission  to  keep 
roster  of  persons  in  classified 
service. 

104.  Commission  to  make  annual  report 
to  the  governor ;  special  reports  as 
required  by  the  governor. 


§105.  Officers  -of  commission;  chief  exam- 
iner; duties;  duties  of  secretary; 
files  and  records  open  to  inspec- 
tion. 

106.  Executive    council    to    provide    quar- 

ters for  commission ;  expenditure 
for  travel,  printing,  etc. ;  limit  of 
amount. 

107.  Persons  not  to  defeat,  deceive,  or  ob- 

struct person  in  respect  to  right 
of  test,  or  falsely  mark,  grade, 
estimate,  or  report  upon  test,  etc., 
or  furnish  or  aid  in  furnishing 
special  information. 

108.  Assessment,    subscription,    or    contri- 

bution not  to  be  solicited  from  any 
member  of  classified  civil  service 
for  any  party  or  political  pur- 
pose ;  applicant  not  to  pay  or 
promise  to  pay  money,  etc.,  or 
ask  for  or  receive  recommenda- 
tion, etc.,  as  reward  for  political 
service,  appointment,  etc. 

109.  Forfeiture    of    office    for    violation    of 

provisions  of  this  act;  justifica- 
tion of  mere  technical  violation. 

110.  Commission    may    require   noncompet- 

itive  test  of  all  officers  or  em- 
ployees in  civH  service  less  than 
six  months  preceding  day  on 
which  rules  take  effect;  test  not 
required  of  persons  in  service 
more  than  six  months. 

111.  Unlawful     for     officer,     employee     or 

appointee    in    classified    service    to 
contribute  to   any   campaign  fund, 
-    etc.,    or   to    take    part    in    any   po 
litical  campaign. 

112.  Persons  related  by  blood  or  marriage 

to  any  of  officers  or  persons  speci- 
fied not  to  be  appointed  in  classi- 
fied service. 

113.  Repeal   of    acts    in    conflict    with   this 

act;  act  not  to  limit  or  repeal 
§  415  post. 


LAWS  OF  1915,  CH.  156. 

AN  ACT  creating  a  state  civil-service  commission,  and  providing  for  the  appointment  of 
civil-service  commissioners  and  defining  their  duties,  and  fixing  the  tenure  of  office  of 
certain  officers  in  the  classified  service  hereunder,  and  providing  penalties  for  the  vio- 
lation of  this  act,  and  making  an  appropriation  to  carry  out  the  provisions  of  this  act. 

§  86.  Appointment  of  electors  as  civil-service  commissioners;  term  of 
office;  commissioners  to  constitute  civil-service  commission;  persons  to 
be  appointed;  quorum;  vacancies;  oath  of  office.  It  shall  be  the  duty  of 
the  governor,  by  and  with  the  consent  of  the  senate,  on  the  taking  effect  of 
this  act,  to  appoint  three  electors  as  civil-service  commissioners,  two  of 
whom  shall  hold  such  office  for  the  term  of  four  years  and  one  for  the 
term  of  two  years  from  the  date  of  such  appointment,  and  until  their  suc- 
cessors are  appointed  and  qualified.  The  said  commissioners  shall  consti- 
tute the  civil-service  commission.  One  of  said  commissioners  shall  be  a 
member  of  the  faculty  of  the  state  university,  one  shall  be  the  state 
accountant  and  the  third  a  state  officer  or  member  of  a  state  board  or 
commission.  As  the  terms  of  said  respective  commissioners  expire  the 
governor,  by  and  with  the  consent  of  the  senate,  shall  appoint  commis- 
sioners with  the  qualifications  aforesaid  to  serve  for  a  term  of  four  years, 
and  until  their  successors  are  appointed  and  qualified.  Two  commissioners 
shall  constitute  a  quorum.  Appointments  to  fill  vacancies  shall  be  made 
by  the  governor  for  unexpired  terms.  Each  commissioner,  before  enter- 


3— Labor— 1725 


33 


§§  87-89]  CIVIL-SERVICE  COMMISSION.  [Ch.  9 

ing  upon  the  duties  of  his  office,  will  take  the  oath  prescribed  for  executive 
officers.     [G.  S.  1915,  §  10467.] 

§  87.  Civil  service  of  the  state  divided  into  the  unclassified  service, 
the  exempt  service,  and  the  classified  service;  unclassified  service  not  sub- 
ject to  provisions  of  act;  classes  included  in  unclassified  service.  The  civil 
service  of  the  state  shall  be  divided  into  the  unclassified  service,  the  ex- 
empt service,  and  the  classified  service.  The  unclassified  service  shall  not 
be  subject  to  any  of  the  provisions  of  this  act,  and  shall  include  the  fol- 
lowing classes:  All  officers  elected  by  popular  vote;  all  commissioned 
officers  appointed  by  the  governor,  with  or  without  the  consent  of  the 
senate;  all  officers  and  employees  appointed  by  either  or  both  branches 
of  the  legislature;  all  election  officers;  all  heads  of  departments  of  the 
state  government,  and  members  of  commissions,  and  boards  thereof;  all 
officers  and  persons  in  the  militia;  all  officers  and  employees  in  the  state 
printing  department  and  in  the  printing  department  of  any  state  in- 
stitution; appointees  of  the  courts  and  judges  thereof,  and  the  clerk  or 
stenographer  of  any  such  judge  or  justice  of  the  supreme  court;  the  as- 
sistants and  principal  clerk  and  stenographers  of  the  several  constitu- 
tional executive  state  officers;  all  unskilled  or  common  laborers  or 
domestics  employed  and  paid  as  common  or  unskilled  laborers  or  domes- 
tics; the  heads  of  the  state  educational  institution,  the  instructors  or 
professors  therein,  and  the  students  who  may  be  employed  in  any  ca- 
pacity. [G.  S.  1915,  §  10468.] 

§  88.  Offices  or  positions  which  the  commission  may  exempt  from  test 
and  competition;  office  or  position  not  exempt  unless  specifically  named 
in  lules;  exemptions  not  to  be  made  after  six  months  without  public  hear- 
ing; appointments  in  exempt  service  may  be  made  without  test.  The 
commission  may,  in  its  discretion,  exempt  from  test  and  competition  one 
secretary  or  clerk  of  each  department,  board,  and  commission,  created 
under  the  laws  of  this  state;  one  private  secretary,  clerk  or  stenogra- 
pher of  each  principal  executive  officer;  all  officials  of  state  institutions 
who  are  required  to  be  physicians;  employees  of  special  commissions  or 
committees  of  the  legislature.  There  may  also  be  included  in  the  exempt 
classification  or  service  all  other  offices  or  positions  for  the  filling  of 
which  competitive  or  noncompetitive  tests  shall  be  found  by  the  civil- 
service  comim&sion  to  be  impracticable.  No  office  or  position  shall  be  in 
the  exempt  service  unless  it  is  specifically  named  in  the  rules,  and  the 
reasons  for  making  each  such  exemption  shall  be  stated  separately  in  the 
annual  report  of  said  commission.  After  this  act  has  been  in  force  for 
a  period  of  six  months  no  additional  office  or  position  shall  be  exempted 
or  placed  in  the  exempt  service  except  after  a  public  hearing  by  such 
commission  conducted  in  such  a  manner  as  the  commission  may  determine, 
and  after  suitable  notice.  Appointments  in  exempt  service  may  be  made 
without  test.  [G.  S.  1915,  §  10469.] 

§  89.  Civil-service  commission  to  classify  all  other  offices  and  places 
of  employment;  classified  service;  appointments  to  be  made  in  accordance 
with  this  act;  temporary  appointments.  The  civil-service  commission 
shall,  on  or  before  July  1,  1915,  and  from  time  to  time  thereafter,  classify 
all  other  offices  and  places  of  employment  in  the  state  service  and  the 
offices  and  places  so  classified  by  such  commission  shall  constitute  the 
classified  service  after  July  1,  1915.  No  appointments  in  such  classified 
service  shall  thereafter  be  made  except  in  accordance  with  the  provisions 
of  this  act.  In  cases  of  necessity  and  emergency  temporary  appointments 

34 


Ch.  9]  CIVIL-SERVICE  COMMISSION.  [§§  90-93 

may  be  made,  but  no  permanent  place  shall  be  filled  by  temporary  ap- 
pointment for  more  than  seventy-five  days  in  any  year.  [G.  S.  1915, 
§  10470.] 

§  90.  Purpose  of  act;  commission  to  make  rules  to  carry  out  such  pur- 
pose; investigations  by  commission;  witnesses;  production  of  books, 
papers,  etc.  The  purpose  of  this  act  is  to  provide  means  for  selecting  and 
promoting  every  official  and  employee  in  the  classified  service  upon  the  sole 
basis  of  his  proven  ability  to  perform  the  duties  of  his  office  or  employ- 
ment more  efficiently  than  any  other  candidate  therefor,  and  the  civil- 
service  commission  shall,  make  rules  to  carry  out  such  purpose,  and 
from  time  to  time  amend  the  same  and  investigate  the  enforcement  and 
effect  of  such  rules,  and  shall  have  the  power  to  secure  by  subpoena  the 
attendance  and  testimony  of  witnesses  and  the  production  of  books  and 
papers  relevant  to  such  investigation,  or  any  investigation  or  inquiry 
made  under  the  provisions  of  this  act.  [G.  S.  1915,  §  10471.] 

§  91.  Rules  and  changes  therein  to  be  printed  for  distribution;  notice 
of  places  where  rules  may  be  obtained;  when  rules  or  changes  take  effect; 
certified  copies  of  rules  and  changes  to  be  deposited  in  office  of  secretary 
of  state.  All  rules  made  as  herein  provided  and  all  changes  therein  shall 
forthwith  be  printed  for  distribution  by  said  commission.  Said  com- 
mission shall  give  liberal  public  notice  of  the  place  or  places  where  said 
rules  may  be  obtained,  and  in  each  publication  shall  be  specified  the  date, 
not  less  than  ten  days  subsequent  to  the  date  of  such  publication,  when 
said  rules  or  changes  therein  shall  take  effect.  The  rules  affecting  any  test 
shall  not  be  changed  after  the  publication  of  notice  of  such  test.  Copies 
of  all  rules  qnd  of  all  changes  therein,  duly  certified  by  the  secretary  of 
the  commission,  shall  be  deposited  in  the  office  of  the  secretary  of  the 
state  within  ten  days  after  the  adoption  thereof,  and  shall  be  filed, 
preserved,  and  indexed  by  such  depositaries.  [G.  S.  1915,  §  10472.] 

§  92.  Test  of  applicants  for  office  or  employment  in  classified  service; 
nature  of  tests;  questions  not  to  relate  to  political  or  religious  opinions 
or  affiliations.  Every  applicant  for  an  office  or  employment  in  said  classi- 
fied service,  except  those  exempted  by  or  otherwise  provided  for  by  this 
act,  shall  be  subject  to  a  test,  which  shall  be  public  and  competitive, 
subject  to  limitations  specified  in  the  rules  of  the  commission  as  to 
residence,  age,  sex,  health,  habits,  and  moral  character.  Such  tests 
shall  be  practical  in  their  character  and  shall  relate  to  those  matters 
which  will  fairly  disclose  the  relative  capacity  of  the  persons  tested  to 
discharge  the  duties  of  the  positions  to  which  they  seek  to  be  appointed, 
and  may  include  tests  of  mental  qualification,  of  physical  qualification 
and  health,  and,  when  appropriate,  of  manual  or  technical  skill.  No 
question  in  any  test  shall  relate  to  political  or  religious  opinions  or 
affiliations.  [G.  S.  1915,  §  10473.] 

§93.  Commission  may  refuse  to  certify  an  applicant;  grounds  of  re- 
fusal. The  commission  may  refuse  to  certify  an  applicant  who  is  fouad 
to  lack  any  preliminary  requirement  established  by  its  rules  for  the  test 
or  position  for  which  he  applies,  or  who  is  found  physically  unfit  to 
perform  the  duties  attaching  to  such  position,  or  who  is  addicted  to  the 
use  of  intoxicating  beverages,  or  whose  conduct  is  infamous  or  notori- 
ously disgraceful,  or  who  has  within  two  years  been  dismissed  from 
the  public  service  for  delinquency  or  misconduct,  or  who  has  intention- 
ally made  a  false  statement  of  any  material  fact,  or  practiced  or 

35 


§§  94-97]  CIVIL-SERVICE  COMMISSION.  [Ch.  9 

attempted  to  practice  any  deception  or  fraud  in  his  application,  or  in  his 
test,  or  in  securing  his  eligibility  to  appointment.  [G.  S.  1915,  §  10474.] 

§  94.  Commission  to  control  all  tests ;  members  as  examiners ;  report 
to  commission;  commission  to  verify  rating  or  grading;  officials  having 
charge  of  public  buildings  to  furnish  room  or  offices  for  purpose  of  test 
or  examination.  The  commission  shall  control  all  tests  and  may,  when- 
ever a  test  is  to  be  made,  designate  one  or  more  of  its  number  to  be 
examiner,  or  may,  itself  as  a  board,  conduct  all  such  examinations.  Such 
test  or  examination  shall  be  made  as  the  commission  may  direct,  and 
when  the  same  is  conducted  by  one  or  more  members  of  such  com- 
mission as  examiner  or  examiners  they  shall  make  returns  or  report 
thereof  to  said  commission.  Said  commission  shall  verify  the  correctness 
of  each  rating  or  grading  given  any  applicant  under  any  such  examina- 
tion. Every  official  having  charge  of  a  public  building  or  public  office 
rooms  shall  assist  the  commission,  whenever  requested,  by  providing  all 
reasonable  accommodations  for  the  purpose  of  any  such  test  or  examina- 
tion and  the  use  of  such  room  or  offices  as  may  be  necessary  and  proper 
therefor.  [G.  S.  1915,  §  10475.] 

§95.  Notice  of  time,  place  and  scope  of  tests  and  promotion  tests; 
publication  of  notice;  posting;  applications  for  test;  applicant  may  be  re- 
quired to  pay  fee;  use  of  fund;  deposit  with  state  treasurer.  Notice  of 
the  time,  place  and  general  scope  of  every  test  and  promotion  tests  shall 
be  given  by  the  commission  in  the  official  state  paper  and  in  such  others 
as  may  reasonably  seem  necessary  by  said  commission,  and  such  notice 
shall  be  posted  by  said  commission  in  a  conspicuous  place  in  its  office 
for  three  weeks  before  any  such  test.  All  applications  for  .test  shall  be 
made  in  writing  to  the  commission  on  a  form  prescribed  by  it  not  less 
than  forty-eight  hours  before  the  test  is  to  take  place.  Said  commission 
may,  by  its  rules,  require  every  applicant  for  certification  to  any  specified 
grade,  except  unskilled  laborers  and  domestics,  to  pay  the  sum  of  one 
dollar  to  be  placed  to  the  credit  of  a  special  fund  for  defraying  expenses 
incurred  hereunder.  The  commission  shall  deposit  all  such  fees  in  the 
state  treasury  at  the  end  of  each  month.  [G.  S.  1915,  §  10476.] 

§  96.  Commission  to  prepare  register  or  eligible  list  for  each  grade  or 
class  of  positions;  rank  of  candidates  on  register  to  be  in  order  of  their 
rating.  The  commission  shall,  from  "all  such  tests,  or  the  returns  or  re- 
ports thereof  prepare  a  register  or  eligible  list  for  each  grade  or  class 
of  positions  in  the  classified  service,  of  the  persons  who  attained  such 
minimum  mark  as  may  be  fixed  by  the  rules  of  said  commission,  and 
who  are  otherwise  eligible,  and  such  persons  shall  take  rank  as  candi- 
dates upon  the  register  or  list  in  the  order  of  their  rating  as  determined 
by  test,  without  reference  to  priority  of  time  of  test.  [G.  S.  1915, 
§  10477.] 

§  97.  Commission  to  provide  for  promotions  in  classified  service;  basis 
of  promotion ;  appointment  to  be  made  from  list  of  names  submitted.  The 
commission  shall  by  its  rules  provide  for  promotions  in  such  classified 
service  on  a  basis  of  ascertained  merit  in  service,  seniority,  and  special 
test.  Said  commission  shall  submit  to  the  appointing  officer  or  board 
for  each  promotion  the  names  of  not  more  than  three  applicants  having 
the  highest  rating  on  the  above  basis,  one  of  whom  shall  be  appointed 
by  him.  The  method  of  testing  and  the  rules  governing  the  same,  and 
the  method  of  certifying  shall,  so  far  as  possible,  be  the  same  as  provided 
for  applicants  for  original  appointment.  [G.  S.  1915,  §  10478.] 

36 


Ch.  9]  CIVIL-SERVICE  COMMISSION.  [§§  98-100 

§98.  Appointing  officer  or  board  to  notify  commission  of  vacancy; 
commission  to  certify  list  of  candidates;  name  of  candidate  may  be 
stricken  from  register  after  being  certified  three  times;  emergency  lists; 
appointments  from  emergency  list.  The  appointing  officer  or  board  under 
whom  a  position  classified  under  this  act  is  to  be  filled  shall  notify  the 
commission  of  the  vacancy,  and  the  commission  shall  certify  to  him  the 
names  and  addresses  of  a  limited  number  of  candidates,  not  to  exceed 
three,  as  provided  in  its  rules,  who  stand  highest  upon  the  register  for  the 
class  or  grade  in  which  such  position  belongs,  and  the  appointing  officer 
or  board  shall  select  one  of  the  persons  so  certified.  After  a  candidate 
has  been  certified  three  times  by  the  commission  and  has  not  been  ac- 
cepted, the  name  of  such  candidate  may  be  stricken  from  the  register. 
Emergency  lists  of  persons  who  have  passed  the  required  tests  may  be 
maintained  for  any  grade  or  class  where  the  numbers  employed  vary  so 
greatly  at  short  intervals  of  time  that  certification  after  notice  would  be 
impracticable,  and  such  list  may  stand  as  a  call  list  for  positions  in  that 
grade  or  class  only.  No  appointment  from  an  emergency  list,  except  from 
the  persons  having  the  highest  rating  thereon  and  eligible  to  permanent 
appointment,  shall  stand  for  more  than  sixty  days  or  be  subject  to  re- 
newal within  fifteen  days  thereafter.  [G.  S.  1915,  §  10479.] 

§  99.  Term  of  office  of  appointive  state  officers  in  classified  service ; 
investigation  within  thirty  days  before  expiration  of  term;  certificate  to 
officer  having  appointive  power;  reappointment  of  officer.  The  term  of 
office  of  all  appointive  state  officers  in  the  classified  civil  service  of  this 
state,  under  the  terms  of  this  act,  which  is  not  declared  or  fixed  by  some 
other  statute,  is  hereby  declared  to  be  four  years.  It  shall  be  the  duty  of 
the  civil-service  commission  within  thirty  days  before  the  expiration  of 
the  term  of  any  such  officer  to  investigate  the  service  record  of  such 
officer,  and  to  consider  and  hear  all  complaints  and  protests,  if  any,  con- 
cerning his  efficiency,  and  fitness  for  such  office,  and  if  the  said  commis- 
sion finds  that  such  officer  is  performing  the  duties  of  his  said  office  with 
that  degree  of  efficiency  which  good  public  service  requires,  it  shall  so 
certify  to  the  officer  having  the  appointive  power,  and  such  officer  shall 
thereupon  be  reappointed  to  such  office.  [G.  S.  1915,  §  10480.] 

§  100.  Appointing  officer  or  board  to  notify  commission  of  each  posi- 
tion to  be  filled;  appointment  of  one  of  persons  certified  by  commission; 
appointments  on  probation;  discharge  at  expiration  of  period  of  proba- 
tion; names  remaining  more  than  two  years  may  be  stricken;  when  ex- 
amination or  test  to  be  held  by  commission;  persons  may  retain  rating 
or  enter  test  for  new  rating.  The  appointing  officer  or  board  shall  notify 
the  commission  of  each  position  to  be  filled  separately  and  shall  fill  such 
place  by  appointment  of  one  of  the  persons  certified  to  him  by  the  com- 
mission therefor.  Appointments  shall  be  on  probation  for  a  period  to  be 
fixed  by  the  rules  of  the  commission.  At  the  expiration  of  the  period  of 
probation  the  appointing  officer  may  discharge  a  candidate  at  will,  but  if 
he  is  not  then  discharged  the  appointment  shall  be  complete.  The  com- 
mission may  strike  from  any  eligible  list  the  name  of  any  candidate 
which  has  remained  thereon  more  than  two  years.  After  one-third  of  an 
eligible  list  has  been  drawn  the  commission  may  hold  another  examina- 
tion to  obtain  a  new  list.  Whenever  the  list  of  persons  tested  and  eligible 
for  original  appointment  for  any  position  in  the  classified  service  shall  be 
less  than  five,  the  commission  shall  hold  a  test  for  such  position,  provided 
the  position  is  such  that  more  than  three  appointments  are  ordinarily 

37 


§§  101-103]  CIVIL-SERVICE  COMMISSION.  [Ch.  9 

made  to  it,  or  to  other  positions  in  the  same  class,  each  year.  Persons  re- 
maining on  the  eligible  list  may  retain  their  rating,  or,  at  their  option, 
may  enter  the  test  and  obtain  a  new  rating  which  shall  supersede  their 
former  rating.  [G.  S.  1915,  §  10481.] 

§  101.  Inmates  of  institutions  may  be  assigned  to  minor  duties  with- 
out test  or  registration.  Inmates  of  institutions  where  the  employees  are 
in  the  classified  civil  service  may  be  assigned  by  the  lawful  authorities 
thereof,  without  test  or  registration,  to  such  minor  duties  in  their  respec- 
tive institutions  as  they  are  fitted  to  perform.  [G.  S.  1915,  §  10482.] 

§  102.  Officer  or  employee  in  classified  civil  service  not  to  be  removed, 
discharged,  etc.,  because  of  religious  or  political  opinion  or  affiliation; 
reasons  for  removal  to  be  given  in  writing  to  commission  and  to  person 
removed;  answer  of  person  removed;  approval  of  removal;  suspension  of 
any  attendant  at  state  charitable  institution;  reinstatement  after  investi- 
gation; matters  made  part  of  record;  investigations  and  hearings  by  com- 
mission. No  officer  or  employee  in  the  classified  civil  service  shall  be  re- 
moved, discharged  or  reduced  in  rank  or  pay,  because  of  religious  or 
political  opinion  or  affiliation.  No  removal  from  the  classified  civil  serv- 
ice shall  be  made  by  any  appointing  officer  or  board  except  at  the  expira- 
tion of  the  period  of  probation,  except  for  reasons  given  in  writing  to  the 
commission  and  a  copy  of  such  reasons  shall  be  given  to  the  person  re- 
moved. Such  person  may  thereupon  file  with  the  commission,  in  writing, 
any  proper  answer  to  such  reasons  and  shall  not  be  removed  unless  the 
commission  approves  such  removal:  Provided,  That  the  superintendent 
of  any  state  charitable  institution  shall  have  power  in  case  of  emergency 
or  urgent  necessity  to  suspend  any  attendant  and  such  suspension  shall 
be  effective  at  once  and  in  force -until  such  attendant  is  reinstated  by 
order  of  said  commission  after  due  investigation.  A  copy  of  such  reasons 
and  answer  and  of  the  order  of  removal  shall  be  made  a  part  of  the  rec- 
ords of  the  commission  and  of  the  proper  department  or  office,  whenever, 
in  the  judgment  of  the  said  commission,  it  shall  be  to  the  best  interests  of 
such  civil  service,  and  the  reasons  for  any  change  in  rank  or  compensa- 
tion within  the  classified  service  shall  be  made  a  part  of  the  records  of 
the  commission  and  of  the  proper  department  or  office.  Said  commission 
shall,  in  its  discretion,  have  full  power  to  investigate  all  grounds  for  re- 
moval and  all  charges  preferred  against  officers  or  employees  in  such 
classified  service,  and  may  make  such  investigation  or  have  such  hearings 
as  the  circumstances  of  each  case  may  seem  to  require.  [G.  S.  1915, 
§  10483.] 

§  103.  Notice  to  be  given  in  writing  by  appointing  officer  or  board  to 
the  commission  of  appointments,  transfers,  promotions,  resignations, 
vacancies,  creation  or  abolition  of  offices,  etc.;  commission  to  keep  roster 
of  persons  in  classified  service.  Immediate  notice  in  writing  shall  be  given 
by  the  appointing  officer  or  board  to  the  commission,  of  all  appointments, 
permanent  or  temporary,  made  in  the  classified  civil  service  and  of  all 
transfers,  promotions,  resignations,  or  vacancies  in  such  service  and  of 
the  date  thereof.  When  any  office  or  place  of  employment  is  created  or 
abolished,  or  the  compensation  attached  thereto  altered,  otherwise  than  by 
statute,  the  officer  or  board  making  such  change  shall  immediately  report 
it  in  writing  to  the  commission.  The  commission  shall  keep  a  roster  of  all 
persons  in  the  classified  civil  service.  [G.  S.  1915,  §  10484.] 


38 


Ch.  9]  CIVIL-SERVICE  COMMISSION.  [§§  104-108 

§  104.  Commission  to  make  annual  report  to  the  governor;  special  re- 
ports as  required  by  the  governor.  The  commission  shall  make  an  annual 
report  to  the  governor.  The  governor  may  require  a  special  report  con- 
cerning any  matter  within  the  province  of  the  commission  at  any  other 
time.  [G.  S.  1915,  §  10485.] 

§  105.  Officers  of  commission;  chief  examiner;  duties;  duties  of  secre- 
tary; files  and  record*  open  to  inspection.  The  commission  shall  choose 
from  its  own  members  a  president  and  secretary  and  may,  from  time  to 
time  whenever  circumstances  require  it,  appoint  one  of  its  members  a 
chief  examiner  whose  duty  it  shall  be  under  the  direction  of  the  commis- 
sion to  superintend  tests  and  conduct  examinations  provided  for  in  this 
act,  or  by  the  rules  of  said  commission.  The  secretary  of  said  Commission 
shall  keep  the  minutes  of  all  its  proceedings,  preserve  all  reports  made 
to  it,  keep  a  record  and  index  of  all  tests  held  under  its  direction  and  per- 
form such  other  duties  as  the  commission  may  from  time  to  time  pre- 
scribe. The  files  and  records  of  the  commission  shall  be  open  to  in- 
spection by  the  public  at  all  reasonable  hours  as  may  be  prescribed  by 
such  commission.  [G.  S.  1915,  §  10486.] 

§  106.  Executive  council  to  provide  quarters  for  commission;  expendi- 
ture for  travel,  printing,  etc.;  limit  of  amount.  The  executive  council 
shall  provide  suitable  quarters  for  the  commission  in  the  state  capitol, 
and  the  commission  may  incur  necessary  expenses  for  travel,  clerk [,] 
hire,  printing,  stationery  and  other  incidental  expenses,  not  exceeding  the 
sum  of  $1,000  in  any  one  year.  .  .  .  [G.  S.  1915,  §  10487.] 

The   omitted  portion  of  this  section   provided   an   appropriation   of   $1,000    for   the 
year  ending  June  30,  1916,  and  $1,000  for  the  year  ending  June  30,   1917. 

§  107.  Persons  not  to  defeat,  deceive,  or  obstruct  person  in  respect  to 
right  of  test,  or  falsely  mark,  grade,  estimate,  or  report  upon  test,  etc., 
or  furnish  or  aid  in  furnishing  special  information.  No  person  shall  by 
himself  or  in  cooperation  with  one  or  more  persons  willfully  or  corruptly 
defeat,  deceive,  or  obstruct  any  person  in  respect  to  his  or  her  right  of 
test  under  the  provisions  of  this  act,  or  falsely  mark,  grade,  estimate,  or 
report  upon  the  test  or  standing  of  any  person  tested  hereunder,  or  aid 
in  so  doing  or  furnish  to  any  person  except  in  answer  to  inquiries  of  the 
commission  any  special  information  for  the  purpose  of  either  improving 
or  injuring  the  rating  of  any  person  so  tested,  or  to  be  tested,  or  the 
prospects  of  any  such  person  for  appointment,  employment,  or  promotion. 
[G.  S.  1915,  §  10488.] 

§  108.  Assessment,  subscription,  or  contribution  not  to  be  solicited 
from  any  member  of  classified  civil  service  for  any  party  or  political  pur- 
pose; applicant  not  to  pay  or  promise  to  pay  money,  etc.,  or  ask  for  or 
receive  recommendation,  etc.,  as  reward  for  political  service,  appointment, 
etc.  No  person  shall  solicit,  orally  or  by  letter,  or  be  in  any  manner  con- 
cerned in  soliciting  any  assessment,  subscription,  or  contribution  from 
any  member  of  the  classified  civil  service  for  any  party  or  political  pur- 
pose or  organization.  No  applicant  for  appointment  or  promotion  in 
such  classified  civil  service  shall,  either  directly  or  indirectly,  pay  or 
promise  to  pay  any  money  or  other  valuable  thing  to  any  person,  or  ask 
for  or  receive  any  recommendation  or  assistance  from  any  officer  or  em- 
ployee in  said  service  or  from  any  person,  upon  the  consideration  of  any 
political  service  to  be  rendered  to  or  for  such  person,  or  for  the  appoint- 
ment or  promotion  of  such  person  to  any  office  or  employment,  or  as  a 

39 


§§  109-113]  CIVIL-SERVICE  COMMISSION.  [Ch.  9 

reward  for  such  political  service,  appointment,  or  promotion.  [G.  S.  1915., 
§  10489.] 

§  109.  Forfeiture  of  office  for  violation  of  provisions  of  this  act;  justi- 
fication of  mere  technical  violation.  Any  person  who  shall  willfully  or 
through  culpable  negligence,  violate  any  of  the  provisions  of  this  act,  or 
any  rule  promulgated  in  accordance  with  the  provisions  hereof,  provided 
the  commission  may,  by  unanimous  vote,  justify  a  mere  technical  viola- 
tion, shall  forfeit  such  office  or  position.  [G.  S.  1915,  §  10490.] 

§  110.  Commission  may  require  noncompetitive  test  of  all  officers  or 
employees  in  civil  service  less  than  six  months  preceding  day  on  which 
rules  take  effect;  test  not  required  of  persons  in  service  more  than  six 
months.  The  commission  in  its  discretion  may  require  of  all  officers  or 
employees  affected  by  the  provisions  of  this  act  who  have  been  in  the 
civil  service  of  the  state  less  than  six  months  preceding  the  day  on  which 
the  rules  shall  take  effect,  a  noncompetitive  test  as  a  condition  of  con- 
tinuing therein  more  than  six  months  after  this  act  takes  effect.  Rea- 
sonable notice  of  this  test  shall  be  given  to  such  officers  and  employees. 
No  test  shall  be  required  of  persons  who  have  been  in  the  civil  service 
more  that  six  months.  [G.  S.  1915,  §  10491.] 

§  111.  Unlawful  for  officer,  employee  or  appointee  in  classified  service 
to  contribute  to  any  campaign  fund,  etc.,  or  to  take  part  in  any  political 
campaign.  It  shall  be  unlawful  for  any  officer,  employee  or  appointee  in 
the  classified  service  to  contribute  in  any  way  to  any  campaign  fund  in 
money,  property  or  other  thing  of  value,  or  to  solicit,  encourage  or  advise 
others  so  to  do.  It  shall  also  be  unlawful  for  any  such  person  in  said 
classified  service  to  take  part  in  any  political  campaign  by  speaking  or 
lecturing  or  by  any  other  act  or  conduct  offensively  partisan  or  tending 
in  any  way  to  impair  the  efficiency  of  the  public  service.  [G.  S.  1915, 
§  10492.] 

§  112.  Persons  related  by  blood  or  marriage  to  any  of  officers  or  per- 
sons specified  not  to  be  appointed  in  classified  service.  No  person  shall  be 
appointed  to  any  office,  place  or  position  in  such  classified  service,  who  is 
related  by  blood  or  marriage  to  any  member  of  such  civil-service  commis- 
sion, or  who  is  so  related  to  any  member  of  any  board,  or  commission 
having  or  exercising  supervision,  or  control,  over  any  state  educational, 
charitable  or  penal  institution,  in,  or  in  connection  with  which,  he  is 
employed  or  appointed,  or  to  the  superintendent,  or  other  chief  officer,  or 
officers,  thereof,  or  to  any  of  the  heads  of  departments,  or  superintend- 
ents of  department  thereof.  Nor  shall  any  person  be  appointed  to  any 
office,  place  or  position,  in  such  classified  service,  in  any  of  the  executive  or 
judicial  branches  of  the  state  government,  who  is  related  by  blood  or  mar- 
riage to  the  head,  principal  or  chief  of  such  department,  or  to  the  chief 
assistant  or  secretary  thereof,  in,  or  in  connection  with  which  he  is  em- 
ployed or  appointed.  [G.  S.  1915,  §  10493.] 

§  113.  Repeal  of  acts  in  conflict  with  this  act;  act  not  to  limit  or  re- 
peal §  415,  post.  All  acts  and  parts  of  acts,  in  so  far  as  they  are  in  con- 
flict with  the  provisions  of  this  act,  are  hereby  repealed.  But  this  act 
shall  in  no  way  limit  or  repeal  section  7879  of  the  General  Statutes  of 
1909.  [G.  S.  1915,  §  10494.] 

"Section  7879  of  the  General  Statutes  of  1909,"  mentioned  herein,  relates  to  the 
employment  of  ex-soldiers  and  sailors  and  is  printed  as  §  415,  post. 

40 


Ch.  10] 


CIVIL  SERVICE,  CITIES  FIRST  CLASS. 


[§114 


CHAPTER  10.— CIVIL  SERVICE  IN  CITIES  OF  THE 
FIRST  CLASS. 


§114.  Appointment  of  civil-service  commis- 
sioners ;  qualifications ;  removal ; 
vacancies;  oath  to  be  taken  by 
-  commissioners;  meetings  and  ex- 
aminations; certification  of  appli- 
cants; removal  of  persons  sub- 
ject to  civil-service  examinations; 
appeal  to  commission ;  hearing ; 
annual  report  to  city  commission; 
rules  and  regulations  of  city  com- 
mission;  ordinances;  officers  and 
employees  to  whom  act  shall  ap- 
ply ;  violation  of  provisions ;  mis- 
demeanor; removal. 

11.").  Foregoing  section  not  to  apply  to 
certain  cities. 

116.  Cities  of   75,000   or  more  to   appoint 

civil-service  commissioners;  term 
of  office  of  such  commissioners ; 
not  more  than  two  members  of 
same  political  party ;  commission 
appointed  under  §  114,  supra. 

117.  Appointment     of     civil-service      com- 

missioners :  commissioner  not  to 
be  candidate  for  office;  quorum; 
qualifications;  removal;  board  to 
fill  vacancy. 

1  is.  Board  of  commissioners  to  provide 
suitable  rooms  and  supply  equip- 
ment for  civil-service  commission. 

119.  Oath  to  be  taken  by  civil-service  com- 

missioner. 

120.  Examinations    to    be    held    by    civil- 

service  commission ;  reappoint- 
ment  of  officer  on  expiration  of 
term ;  discharge  of  police  officers. 

121.  Commissioner    in    charge    of    depart- 

ment to  notify  civil-service  com- 
mission of  vacancy  to  be  filled 
from  persons  examined. 

122.  Civil-service     commission     to     certify 

names,  etc..  from  eligible  list :  ap- 
pointments from  such  list ;  cer- 
tification of  police  officers. 

PART  OF  LAWS  OF  1909,  CH.  74. 

§  114.  Appointment  of  civil-service  commissioners;  qualifications;  re- 
moval; vacancies;  oath  to  be  taken  by  commissioners;  meetings  and  ex- 
aminations; certification  of  applicants;  removal  of  persons  subject  to 
civil-service  examinations;  appeal  to  commission;  hearing;  annual  report 
to  city  commission;  rules  and  regulations  of  city  commission;  ordinances; 
officers  and  employees  to  whom  act  shall  apply;  violation  of  provisions; 
misdemeanor;  removal.  All  cities  that  adopt  the  provisions  of  this  act 
and  the  act  of  which  this  is  amendatory,  after  January  1,  1909,  shall, 
immediately  after  organizing  the  city  commissioners,  by  ordinance,  ap- 
point three  civil-service  commissioners,  who  shall  hold  office,  one  until  the 
first  Monday  in  April  in  the  second  year  after  his  appointment,  one  until 
the  first  Monday  in  April  of  the  third  year  after  his  appointment,  and 
cne  until  the  first  Monday  in  April  of  the  fourth  year  after  his  appoint- 
jnent.  The  board  of  commissioners  shall,  as  soon  as  practicable  after 
organizing  upon  the  expiration  of  the  term  of  office  of  any  civil-service 
commissioner,  appoint  one  civil-service  commissioner  for  four  years,  who 
shall  take  the  place  of  the  commissioner  whose  term  of  office  expires. 


:123.  Names  of  applicants  not  appointed 
within  one  year  may  be  stricken; 
section  not  applicable  to  names  of 
persons  on  list  because  term  of  of- 
fice expired. 

124.  Sex    disregarded    in    making    certifi- 

cation;  exceptions. 

125.  When     commission    may    make    tem- 

porary appointments;  how  long  in 
force. 

126.  Removal  of   persons   subject  to   civil- 

service  examination ;  suspension ; 
hearing  before  civil-service  com- 
mission ;  attendance  of  witnesses, 
etc. ;  district  court  or  judge  to 
compel  obedience  to  subpoana,  etc. : 
commission  revoke,  modify  or  af- 
firm order  appealed  from. 

127.  Reports    of    civil-service    commission; 

rules  and  regulations  for  conduct 
of  business;  publication. 

128.  Officers  and  employees  subject  to  ex- 

amination and  certification ;  term 
of  office  of  employees  and  officers, 
etc. ;  reappointment  when  position 
abolished  and  recreated ;  officers 
in  service  of  city  prior  to  taking 
effect  of  act. 

129.  Control    of    examination,    rules,    etc.; 

what  questions  not  to  be  asked. 

130.  Examinations,     how     conducted;     ex- 

aminers, qualifications,  compensa- 
tion, etc. 

131.  Salary    of    members    of    civil-service 

commission. 

132.  Officers,    assistants    and    clerks    sub- 

ordinate to  civil-service  commis- 
sion may  be  created. 

i:?::.  When  act  to  take  effect;  proviso 
relative  to  persons  holding  office 
or  employment  when  act  takes  ef- 
fect. 


41 


CIVIL  SERVICE,  CITIES  FIRST  CLASS.  [Ch.  10 

The  chairman  of  the  commission  for  each  biennial  period  shall  be  the  mem- 
ber whose  term  first  expires.  No  person  while  on  the  said  civil-service 
commission  shall  hold  'or  be  a  candidate  for  any  office  of  public  trust. 
Two  of  said  members  shall  constitute  a  quorum  to  transact  business.  The 
commissioners  must  be  citizens  of  Kansas,  and  residents  of  the  city  for 
more  than  three  years  next  preceding  their  appointment.  The  city  com- 
mission may  remove  any  of  said  civil-service  commissioners  during  their 
term  of  office  for  cause,  four  commissioners  voting  in  favor  of  such  re- 
moval, and  shall  fill  any  vacancy  that  may  occur  in  said  commission  for 
the  unexpired  term.  The  city  commission  shall  provide  suitable  rooms 
in  which  the  said  civil-service  commission  may  hold  their  meeting,  such 
city  to  supply  the  said  commission  with  all  necessary  equipment  to  prop- 
erly attend  to  such  business,  (a)  Before  entering  upon  the  duties  of 
their  office,  each  of  said  commissioners  shall  take  and  subscribe  an  oath, 
which  shall  be  filed  and  kept  in  the  office  of  the  city  clerk,  to  support  the 
constitution  of  the  United  States  and  the  state  of  Kansas,  and  to  obey  the 
laws,  and  to  endeavor  to  secure  and  maintain  an  honest  and  efficient  force, 
free  from  partisan  influence  or  control,  and  to  perform  the  duties  of  his 
office  to  the  best  of  his  ability.  (6)  Said  commission  shall  be  [meet]  on 
the  first  Monday  of  April  and  October  of  each  year,  or  oftener  if  it  shall 
be  deemed  necessary,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  commissioners,  hold  examinations  for  the  purpose  of  de- 
termining the  qualifications  of  applicants  for  positions,  which  examina- 
tion shall  be  practical  and  shall  fairly  test  the  fitness  of  the  persons  ex* 
amined  to  discharge  the  duties  of  the  position  to  which  they  seek  to  be 
appointed.  Said  commission  shall,  as  soon  as  possible  after  such  exami- 
nation, certify  to  the  city  commission  double  the  number  of  persons  neces- 
sary to  fill  vacancies  who,  according  to  its  records,  have  the  highest  stand- 
ing for  the  position  they  seek  to  fill  as  a  result  of  such  examination,  and 
all  vacancies  which  occur  that  come  under  the  civil  service,  prior  to  the 
date  of  the  next  regular  examination,  shall  be  filled  from  said  list  so  certi- 
fied: Provided,  however,  That  should  the  list  for  any  cause  be  reduced 
to  less  than  three  for  any  division,  then  the  city  commissioners  or  the 
head  of  the  proper  department  may  temporarily  fill  the  vacancy,  but  not 
to  exceed  thirty  days,  (c)  All  persons  subject  to  such  civil-service  ex- 
aminations shall  be  subject  to  removal  from  office  or  employment  by  the 
city  commission  for  misconduct  or  failure  to  perform  their  duties  under 
such  rules  and  regulations  as  it  may  adopt,  and  the  chief  of  police,  chief 
of  the  fire  department,  or  any  superintendent  or  foreman  in  charge  of 
municipal  work,  may  peremptorily  suspend  or  discharge  any  subordinate 
then  under  his  direction  for  neglect  of  duty  or  disobedience  of  his  orders, 
but  shall  within  twenty-four  hours  thereafter  report  such  suspension  or 
discharge  and  the  reason  therefor  to  the  superintendent  of  his  depart- 
ment, who  shall  thereupon  affirm  or  revoke  such  discharge  or  suspension, 
according  to  the  facts.  Such  employee  (or  officer  discharging  or  suspend- 
ing him)  may,  within  five  days  of  such  ruling,  appeal  therefrom  to  the 
commission,  which  shall  fully  hear  and  determine  the  matter,  (d)  The 
commission  shall  have  power  to  enforce  the  attendance  of  witnesses,  the 
production  of  books  and  papers,  and  power  to  administer  oaths  in  the 
same  manner  and  with  like  effect  and  under  the  same  penalties  as  in 
the  case  of  notaries  public.  In  case  of  disobedience  on  the  part  of  any 
person  or  persons  to  comply  with  any  subpoena,  or  to  produce  any  boolA 
or  papers  in  his  custody,  or  on  refusal  of  any  witness  to  testify  to  any 
matter  regarding  which  he  may  be  lawfully  interrogated  before  the  com- 

42 


Ch.  10]  CIVIL  SERVICE,  CITIES  FIRST  CLASS.  [§§  115, 116 

mission,  it  shall  be  the  duty  of  the  district  court  of  the  county  or  judge 
thereof,  on  application  of  a  civil-service  commissioner,  to  compel  obedi- 
ence by  attachment  proceeding  for  contempt  as  in  case  of  disobedience 
of  the  requirements  of  a  subpoena  issued  from  such  court  or  refusal  to 
testify  therein.'  Said  civil-service  commissioners  shall  make  annual  re- 
port to  the  city  commission,  and  it  may  require  a  special  report  from 
said  commission  at  any  time,  and  the  said  city  commission  may  prescribe 
such  rules  and  regulations  for  the  proper  conduct  of  the  business  of  said 
commissioners  as  shall  be  found  expedient  and  advisable,  including  re- 
strictions on  appointment,  promotions,  removals  for  cause,  roster  of 
employees,  certification  of  records  to  the  auditor,  and  restrictions  on  pay- 
ment to  persons  improperly  employed,  (e)  The  commissioners  of  said 
city  shall  have  power  to  pass  ordinances  imposing  suitable  penalties  for 
the  punishment  of  persons  violating  any  of  the  provisions  of  this  act  re- 
lating to  the  civil-service  commission.  (/)  The  provisions  of  this  section 
shall  apply  to  all  appointive  officers  and  employees  of  said  city,  except  city 
attorney,  the  members  of  the  fire  department  where  they  have  already 
adopted  the  civil-service  plan,  city  clerk,  city  treasurer,  city  auditor,  city 
engineer,  superintendent  of  streets,  superintendent  of  waterworks,  secre- 
tary of  waterworks,  chief  of  police,  city  physician,  judge  of  police  court, 
superintendent  of  public  parks,  city  assessor,  commissioner  of  any  kind 
(laborers  whose  occupation  requires  no  special  skill  or  fitness),  elec- 
tion officials  and  mayor's  secretary  and  assistant  attorney,  where  such 
officers  are  appointed.  All  officers  and  employees  in  any  such  city  shall  be 
elected  or  appointed  with  reference  to  their  qualifications  and  fitness  and 
for  the  good  of  the  public  service,  and  without  reference  to  their  political 
faith  or  party  affiliations.  Any  violation  of  the  provisions  of  this  section 
shall  be  a  misdemeanor  and  be  a  ground  for  removal  from  office.  [G.  S. 
1915,  §  1557.] 

This  section  relates  to  cities  of  the  first  class  which  have  adopted  the  commission 
form  of  government. 

Operation  of  this  statute  is  not  limited  bv  "soldiers'  preference  law."     Goodrich  v.  O'Neill, 

85  K.  595. 

Health  department,  field  man  under  civil-service  regulations.  Jagger  v.  Green,  90  K.  153. 
Policeman  not  within  provision  of  civil-service  law.  Haney  v.  Cofran,  94  K.  332. 

LAWS  OF  1911,  CH.  95. 

§  115.  Foregoing  section  not  to  apply  to  certain  cities.  The  provisions 
of  section  1238  of  the  General  Statutes  of  1909  shall  not  apply  to  the 
cities  named  in  the  title  of  this  act.  [G.  S.  1915,  §  1557a.] 

"Section  1238  of  the  General  Statutes  of  1909,"  is  §  114,  supra. 

The  title  to  the  act  of  which  this  section  is  a  part  is  as  follows:  "An  act  relating 
to  cities  which  shall  hereafter  become  cities  of  the  first  class  having  a  population  of 
less  than  30,000,  which  have  heretofore  adopted,  or  may  hereafter  adopt,  the  commis- 
sion form  of  government.  .  .  ." 

LAWS  OF  1913,  CH.  88,  AS  AMENDED  BY  LAWS  OF  1915,  CH.  112,  AND  LAWS 

OF  1917,  CH.  97. 

AN  ACT  to  regulate  the  civil  service  in  cities  now  having  or  which  may  hereafter  attain  a 
population  of  75,000  inhabitants  and  which  have  adopted  or  hereafter  shall  adopt  the 
provisions  of  chapter  114  of  the  Laws  of  1907,  and  acts  amendatory  thereof. 

§  116.  Cities  of  75,000  or  more  to  appoint  civil-service  commission- 
ers; term  of  office  of  such  commissioners;  not  more  than  two  members  of 
same  political  party;  commission  appointed  under  §  114,  supra.  All  cities 
now  having  or  which  may  hereafter  attain  a  population  of  75,000  in- 
habitants or  more  and  which  has  adopted  or  which  may  hereafter  adopt 

43 


§§  117-120]  CIVIL  SERVICE,  CITIES  FIRST  CLASS.  [Ch.  10 

the  provisions  of  chapter  114  of  the  Laws  of  1909  and  acts  amendatory 
thereof,  shall,  immediately  after  the  board  of  commissioners  have  organ- 
ized, appoint  by  ordinance,  three  civil-service  commissioners  who  shall 
hold  office,  one  until  the  first  Monday  in  April  in  the  second  year  after 
his  appointment,  one  until  the  first  Monday  in  April  in  the  third  year 
after  his  appointment,  one  until  the  first  Monday  in  April  in  the  fourth 
year  after  his  appointment:  Provided,  however,  That  no  more  than  two 
members  of  said  civil-service  commissioners  shall  be  members  of  the  same 
political  party:  Provided  further,  That  in  all  cities  in  which  this  act  is 
applicable  now  having  a  civil-service  commission  appointed  under  pro- 
visions of  section  1238  of  the  General  Statutes  of  1909,  the  said  civil- 
service  commissioners  so  appointed  shall  continue  in  office  and  exercise 
and  perform  the  duties  of  said  office  in  accordance  with  the  provisions 
of  this  act.  [G.  S.  1915,  §  1558.] 

"Chapter  114  of  the  Laws  of  1909,"  mentioned  herein,  is  the  act  providing  for  the 
commission  form  of  government  in  cities  of  the  first  class. 

"Section  1238  of  the  General  Statutes  of  1909,"  mentioned  herein,  is  §  114,  supra. 

§117.  Appointment  of  civil-service  commissioners;  commissioner  not 
to  be  candidate  for  office;  quorum;  qualifications;  removal;  board  to  fill 
vacancy.  The  board  of  commissioners  shall,  as  soon  as  practicable  after 
organizing,  upon  the  expiration  of  the  term  of  office  of  any  civil-service 
commissioner  appoint  one  member  for  four  years  who  shall  take  the  place 
of  the  one  whose  term  of  office  expires.  The  chairman  of  the  civil-service 
commission  shall  be  the  member  whose  term  first  expires.  No  person 
while  a  member  of  said  civil-service  commission  shall  be  a  candidate  for 
any  office  of  public  trust.  Two  of  said  members  shall  constitute  a  quorum 
to  transact  business.  The  commissioners  must  be  residents  of  Kansas, 
and  residents  of  the  city  for  at  least  three  years  next  preceding  their 
appointment.  The  board  of  commissioners  may  remove  any  member  of 
the  civil-service  commission  during  his  term  of  office  for  cause,  four  com- 
missioners voting  in  favor  of  such  removal,  and  shall  fill  any  vacancy 
that  may  occur  in  said  commission  for  the  unexpired  term.  [G.  S.  1915, 
§  1559.] 

§  118.  Board  of  commissioners  to  provide  suitable  rooms  and  supply 
equipment  for  civil-service  commission.  The  board  of  commissioners 
shall  provide  suitable  rooms  in  which  said  civil-service  commission  may 
hold  their  meetings,  and  shall  supply  the  said  commission  with  all  the 
necessary  equipment  to  properly  attend  to  such  business.  [G.  S.  1915, 
§  1560.] 

§  119.  Oath  to  be  taken  by  civil-service  commissioner.  Before  enter- 
ing upon  the  duties  of  their  office  each  of  said  commissioners  shall  take 
and  subscribe  an  oath  which  shall  be  filed  and  kept  in  the  office  of  the 
city  clerk,  to  support  the  constitution  of  the  United  States  and  the  state 
of  Kansas,  and  to  obey  the  laws  and  to  endeavor  to  secure  and  maintain 
an  honest  and  efficient  force,  free  from  partisan  influence  or  control,  and 
to  perform  the  duties  of  his  office  to  the  best  of  his  ability.  [G.  S.  1915, 
§  1561.] 

§  120.  Examinations  to  be  held  by  civil-service  commission;  reappoint- 
ment  of  officer  on  expiration  of  term;  discharge  of  police  officers.  The 

civil-service  commission  shall,  whenever  it  is  necessary  so  to  do,  under 
such  rules  and  regulations  as  it  may  prescribe,  hold  examinations  for 
the  purpose  of  determining  the  qualification  and  fitness  of  applicants 
for  all  positions  with  the  city  subject  to  examination  as  hereinafter 

44 


Ch.  10]  CIVIL  SERVICE,  CITIES  FIRST  CLASS.  [§§121-123 

defined,  which  examination  shall  be  practical  and  shall  fairly  test  the 
fitness  of  the  persons  examined  to  discharge  the  duties  of  the  position 
to  which  they  seek  to  be  appointed:  Provided,  however,  That  any  police 
officer  whose  term  of  office  shall  expire  after  the  taking  effect  of  this  act, 
shall  be  eligible  for  reappointment  without  any  further  examination ;  and 
in  the  event  his  record  for  efficiency  as  an  officer  is  good,  it  shall  be  the 
duty  of  the  civil-service  commission  to  place  the  name  of  such  officer 
upon  the  list  of  those  eligible  for  such  appointment  and  he  shall  be  given 
preference  in  the  appointment  to  said  office:  Provided  further,  That 
when  the  eligible  list  shall  contain  the  name  of  more  than  one  such 
officer,  the  one  having  the  longest  continuous  time  of  service  shall  be 
given  the  preference  in  appointment;  and  in  the  event  of  discharge  or 
suspension  for  the  purpose  of  retrenchment  of  expenses,  police  officers 
shall  be  so  discharged  or  suspended,  commencing  with  the  officer  having 
the  shortest  continuous  time  of  service.  [G.  S.  1915,  §  1562,  as  amended 
by  Laws  1917,  ch.  97,  §  1;  March  1.] 

Position   of   health   commissioner   is   subject    to    civil-service   law.      McLaughlin   v.   Green, 
96  K.  644. 

§  121.  Commissioner  in  charge  of  department  to  notify  civil-service 
commission  of  vacancy  to  be  filled  from  persons  examined,  The  commis- 
sioner in  charge  of  any  department  shall  immediately  notify  the  civil- 
service  commission  whenever  a  vacancy  exists  in  his  department  when 
the  vacant  position  is  one  that  may  be  filled  by  appointment  only  from 
the  applicants  examined  by  the  civil-service  commission  or  from  those 
placed  upon  the  eligible  list  as  hereinbefore  provided.  [G.  S.  1915,  §  1563, 
as  amended  by  Laws  of  1917,  ch.  97,  §  2;  March  1.] 

§  122.  Civil-service  commissibn  to  certify  names,  etc.,  from  eligible 
list;  appointments  from  such  list;  certification  of  police  officers.  The 
civil-service  commission  shall  certify  to  the  board  of  commissioners  the 
names  and  addresses  of  double  the  number  of  applicants  for  each 
vacancy,  standing  highest  upon  the  eligible  list  of  the  class  or  grade 
to  which  said  position  belongs,  and  the  board  of  commissioners  shall 
make  appointments  from  such  list  so  certified  and  not  otherwise:  Pro- 
vided, however,  That  whenever  the  eligible  list  of  the  civil-service  com- 
mission contains  less  than  double  the  number  of  applicants  to  fill  the 
vacancy  or  vacancies  existing,  the  board  of  commissioners  shall  appoint 
the  person  or  persons  then  available  on  said  eligible  list:  Provided 
further,  That  in  case  of  a  vacancy  or  vacancies  existing  in  the  office  of 
police  officers,  the  civil-service  board  shall  first  certify  to  the  board  of 
commissioners  the  names  of  those  transferred  to  the  eligible  list  by 
reason  of  their  term  of  office  expiring,  as  hereinbefore  provided,  and 
the  board  of  commissioners  shall  make  appointments  from  such  list  so 
certified  and  not  otherwise  and  those  whose  term  of  office  expired  first 
shall  be  first  appointed:  Provided  further,  That  the  name  of  no  person 
shall  be  placed  upon  the  eligible  list  for  any  position  upon  the  police 
force,  other  than  that  of  the  patrolman,  chauffeur  or  guard,  who  has 
not  had  two  or  more  years  of  actual  service  as  a  police  officer.  [G.  S. 
1915,  §  1564,  as  amended  by  Laws  of  1917,  ch.  97,  §  3;  March  1.] 

Appointment    from    certified    list    valid,    although    mistake    made    in    list.      McLaughlin    v. 
Green,  96  K.  641. 

§  123.  Names  of  applicants  not  appointed  within  one  year  may  be 
stricken;  section  not  applicable  to  names  of  persons  on  list  because  term 
of  office  expired.  The  civil-service  commission  may  strike  from  the  eli- 

45 


§§  124-127]  CIVIL  SERVICE,  CITIES  FIRST  CLASS.  [Ch.  10 

gible  list  the  names  of  all  applicants  after  they  have  remained  thereon 
for  more  than  one  year  and  have  failed  to  be  appointed:  Provided,  Jiow- 
ever,  That  this  section  shall  not  apply  to  those  whose  names  have  been 
placed  upon  such  eligible  list  by  reason  of  their  term  of  office  expiring 
as  hereinbefore  provided.  [G.  S.  1915,  §  1565,  as  amended  by  Laws  of 
1917,  ch.  97,  §  4;  March  1.] 

§  124.  Sex  disregarded  in  making  certification;  exceptions.  In  mak- 
ing the  certification  herein  required  sex  shall  be  disregarded  except 
when  some  statute  or  the  order  of  the  board  of  commissioners  specify  sex. 
[G.  S.  1915,  §  1566.] 

§  125.  When  commission  may  make  temporary  appointments;  how 
long  in  force.  To  prevent  the  stoppage  of  public  business  or  to  meet 
extraordinary  exigencies  the  board  of  commissioners  may  make  tempo- 
rary appointments  to  remain  in  force  not  exceeding  sixty  days  whenever 
there  are  no  names  upon  the  register  to  fill  vacancies.  [G.  S.  1915, 
§  1567.] 

§  126.  Removal  of  persons  subject  to  civil-service  examination;  sus- 
pension; hearing  before  civil-service  commission;  attendance  of  witnesses, 
etc.;  district  court  or  judge  to  compel  obedience  to  subpoena,  etc.;  com- 
mission revoke,  modify  or  affirm  order  appealed  from.  All  persons  sub- 
ject to  civil-service  examination  may  be  removed  from  office  or  employ- 
ment only  upon  charges  preferred  in  writing  for  misconduct  or  failure 
to  perform  their  duties:  Provided,  however,  That  pending  the  hearing  of 
such  charges  the  principal  officer  of  any  department  or  the  city  commis- 
sioner in  charge  of  such  department  may  suspend  any  such  officer  or 
employee  of  the  city.  All  such  charges  shall  be  heard  by  the  civil-service 
commission  after  a  copy  of  the  charges  have  been  transmitted  to  the 
person  against  whom  filed  and  due  opportunity  has  been  given  him  to 
defend.  The  civil-service  commissioners  shall  have  power  to  enforce  the 
attendance  of  witnesses,  the  production  of  books  and  papers,  and  power 
to  administer  oaths  in  the  same  manner  and  with  like  effect  and  under 
the  same  penalties  as  in  the  case  of  notaries  public.  In  case  of  disobedi- 
ence on  the  part  of  any  person  or  persons  to  comply  with  any  subpoena, 
or  to  produce  any  books  or  papers  in  his  custody,  or  on  refusal  of 
any  witness  to  testify  to  any  matter  regarding  which  he  may  be  lawfully 
interrogated  before  the  commission,  it  shall  be  the  duty  of  the  district 
court  of  the  county  or  judge  thereof,  on-  application  of  a  civil-service 
commissioner,  to  compel  obedience  by  attachment  proceedings  for  con- 
tempt as  in  case  of  disobedience  of  the*  requirements  of  a  suspoena  issued 
from  such  court  or  refusal  to  testify  therein.  The  civil-service  commis- 
sion shall,  after  hearing  the  evidence,  either  revoke,  affirm  or  modify 
the  order  appealed  from,  and  their  action  thereon  shall  be  final.  [G.  S. 
1915,  §  1568.] 

Officers  removable  only  on  charges  preferred,  etc.     Jagger  v.  Green,  90  K.  159. 

§127.  Reports  of  civil-service  commission;  rules  and  regulations  for 
conduct  of  business ;  publication.  The  civil-service  commission  shall  make 
an  annual  report  to  the  board  of  commissioners  and  the  board  of  com- 
missioners may  require  special  reports  from  the  civil-service  commission 
at  any  time.  The  civil-service  commission  may  prescribe  such  rules  and 
regulations  for  the  proper  conduct  of  the  business  of  said  commission  as 
shall  be  found  expedient  and  advisable.  Such  rules  and  regulations  shall 


46 


Ch.  10]  CIVIL  SERVICE,  CITIES  FIRST  CLASS.  [§§  128-132 

be  published  after  their  adoption  and  before  going  into  effect  once  in  the 
official  city  paper.     [G.  S.  1915,  §  1569.] 

§  128.  Officers  and  employees  subject  to  examination  and  certification; 
term  of  office  of  employees  and  officers,  etc. ;  reappointment  when  position 
abolished  and  recreated;  officers  in  service  of  city  prior  to  taking  effect 
of  act.  All  officers  and  employees  of  the  city  shall  be  subject  to  examina- 
tion and  certification  in  the  manner  herein  required,  except  the  following 
officers:  City  attorney,  city  clerk,  city  treasurer,  city  auditor,  chief  of 
police,  judge  of  police  court,  mayor's  secretary,  assistant  city  attorney, 
chief  of  the  fire  department,  city  physician,  city  engineer,  superintendent 
of  streets,  superintendent  of  public  parks,  purchasing  agent  and  license 
inspector,  superintendent  of  waterworks,  superintendent  of  lights,  and 
laborers  whose  occupation  requires  no  special  skill  or  fitness.  All  em- 
ployees of  the  city  subject  to  the  examination  herein  required,  shall 
be  appointed  for  a  term  to  continue  until  removed  for  cause  or  until 
the  position  to  which  he  is  appointed  is  abolished:  Provided,  however, 
That  in  the  event  that  any  position  is  abolished  and  recreated  within 
a  period  of  one  year  thereafter,  the  person  filling  such  position  at 
the  time  the  position  is  abolished  shall  be  reappointed  to  such  posi- 
tion without  an  additional  examination:  Provided  further,  That  the 
term  of  office  for  all  officers  subject  to  the  examination  herein  required 
shall  be  for  four  years,  and  until  his  successor  is  appointed  and 
qualified :  Provided  further,  That  every  officer  or  employee  subject  to  the 
provisions  of  this  act,  and  who  has  been  in  the  service  of  said  city,  as  an 
officer  or  employee,  for  a  period  of  one  year  immediately  prior  to  the 
taking  effect  of  this  act,  and  who  has  heretofore  passed  the  civil-service 
examination,  shall  be  exempt  from  further  examination  and  his  tenure 
of  office  shall  begin  from  the  taking  effect  of  this  act.  [G.  S.  1915, 
§  1570.] 

Those  appointing  officers  mentioned  cannot  remove  such  officers  at  pleasure.     McLaughlin 
v.  Green,  96  K.  641. 

§  129.  Control  of  examinations,  rules,  etc.;  what  questions  not  to  be 
asked.  The  civil-service  commission  shall  control  all  examinations  and 
provide  uniform  rules  with  respect  thereto;  no  question  in  any  examina- 
tion shall  relate  to  political  or  religious  faith  or  party  affiliations. 
[G.  S.  1915,  §  1571.] 

§  130.  Examinations,  how  conducted;  examiners,  qualifications,  com- 
pensation, etc.  The  civil-service  commission  may  designate  a  suitable 
person  or  persons  to  conduct  any  examination:  Provided,  That  if  the 
person  so  selected  is  in  the  service  of  the  city  he  shall  be  entitled  to  no 
additional  compensation  therefor.  The  compensation  to  be  paid  outside 
examiners  shall  be  such  as  is  fixed  by  the  board  of  commissioners.  The 
civil-service  commission  may  themselves  at  any  time  conduct  any  exami- 
nation without  appointing  examiners.  The  examiners  at  any  examination 
shall  not  all  be  members  of  the  same  political  party.  [G.  S.  1915,  §  1572.] 

§  181.  Salary  of  members  of  civil-service  commission.  The  board  of 
commissioners  may,  by  ordinance,  provide  for  the  payment  of  a  salary 
to  any  one  or  more  of  said  civil-service  commissioners.  Said  salary  not 
to  exceed  $5.00  per  meeting  nor  to  aggregate  more  than  $500.00  per  year 
for  each  member.  [G.  S.  1915,  §  1573.] 

§  132.  Officers,  assistants  and  clerks  subordinate  to  civil-service  com- 
mission may  be  created.  The  board  of  commissioners  shall  have  the 

47 


§§  133,  134] 


CONSTRUCTION  OF  BUILDINGS,  ETC. 


[Ch.  11 


power  to  create  such  officers,  assistants,  and  clerks,'  subordinate  to  the 
civil-service  commission  as  they  may  deem  necessary  for  the  purpose  of 
conducting  the  business  of  said  commission.  [G.  S.  1915,  §  1574.] 

§  133.  When  act  to  take  effect;  proviso  relative  to  persons  holding 
office  or  employment  when  act  takes  effect.  This  act  shall  be  in  full  force 
and  effect  from  and  after  June  1,  1913:  Provided,  however,  That  any 
person  holding  any  office  or  employment  in  any  city  in  which  this  act 
becomes  operative  which  office  or  employment  is  subject  to  the  provisions 
of  this  act,  and  who  has  heretofore  taken  the  examination,  and  whose 
name  has  been  certified  to  the  city  commission  by  the  civil-service  com- 
mission, except  regular  firemen  who  have  been  in  continuous  service  for 
at  least  four  years  preceding,  shall  be  entitled  to  hold  said  office  or  em- 
ployment without  examination  and  for  the  tenure  herein  fixed  to  the 
same  extent  as  though  his  appointment  was  made  after  due  examination 
and  in  regular  course.  [G.  S.  1915,  §  1575.] 


CHAPTER  11.— CONSTRUCTION,  ETC.,  OF 
BUILDINGS,  ETC. 


§334.  Insufficient  staging,  scaffolding, 
stays,  etc.,  used  in  construction, 
repairing  or  painting  of  any  build- 
ing, tower,  tank,  etc. ;  defective 
elevator,  derrick,  or  hoist ;  com- 
plaint to  state  factory  inspector; 
duty  of  inspector  or  deputy ;  no- 


tice to  contractor,  etc. ;  duty  of 
contractor,  etc.,  to  make  necessary 
repairs,  etc. 

Penalty  for  failure  to  comply  with 
preceding  section  and  demands  of 
state  factory  inspector,  assistant, 
or  deputy. 


LAWS  OF  1905,  CH.  527. 

AN  ACT  for  the  protection  of  workmen,  laborers,  mechanics  and  other  persons  employed 
in  the  construction,  repairing  or  painting  of  any  building,  tower,  tank,  or  other  struc- 
tures, and  providing  penalties  for  the  violation  thereof. 

§  134.  Insufficient  staging,  scaffolding,  stays,  etc.,  used  in  construc- 
tion, repairing  or  painting  of  any  building,  tower,  tank,  etc.;  defective 
elevator,  derrick,  or  hoist;  complaint  to  state  factory  inspector;  duty  of 
inspector  or  deputy;  notice  to  contractor,  etc.;  duty  of  contractor,  etc., 
to  make  necessary  repairs,  etc.  That  whenever  it  shall  come  to  the  notice 
of  any  workman,  laborer  or  mechanic  employed  in  the  construction,  re- 
pairing or  painting  of  any  building,  tower,  tank,  or  other  structure,  or  of 
any  other  person  or  persons,  that  the  staging,  scaffolding,  stays  or  other 
appliances  used  for  the  purpose  of  supporting  said  workmen,  laborers, 
or  mechanics,  their  tools,  and  all  necessary  material,  while  at  work  on 
such  building,  tower,  tank,  or  other  structure,  are  not  of  sufficient 
strength  to  safely  carry  the  weight  of  such  workmen,  laborers,  or  me- 
chanics, their  tools,  and  all  necessary  material,  while  working  thereon, 
or  if  any  elevator,  derrick  or  hoist  used  for  the  purpose  of  raising  or 
lowering  workmen  or  material  to  be  used  in  the  aforesaid  construction, 
repairing  or  painting  are  not  of  sufficient  strength  to  do  the  work  re- 
quired of  them,  or  are  not  surrounded  by  the  proper  safeguards,  said 
workmen,  laborers,  mechanics  or  other  person  or  persons  may  make  com- 
plaint to  the  state  factory  inspector,  who  shall  forthwith  inspect,  or 
cause  to  be  inspected  by  his  assistant  or  deputy,  such  insufficient  staging, 
scaffolding,  stays,  elevators,  derricks,  hoists  or  other  appliances  used 
in  the  said  construction,  repairing,  or  painting,  and  if  found  upon  in- 
spection to  be  insufficient  and  unsafe,  or  not  properly  surrounded  by 

48 


Ch.  12,  Art.  1]  CONVICT  LABOR. ' [§  135 

safeguards,  it  shall  be  the  duty  of  the  said  state  factory  inspector,  his 
assistant  or  deputy,  to  then  and  there  notify  the  contractor,  owner,  su- 
perintendent or  person  in  charge  of  the  construction,  repairing  or  painting 
of  said  building,  tower,  tank  or  other  structure,  of  the  conditions  of  such 
staging,  scaffolding,  stays,  elevators,  derricks,  hoists  or  other  appliances 
used  as  aforesaid.  It  shall  then  become  incumbent  upon  the  said  con- 
tractor, owner,  superintendent  or  person  having  in  charge  the  said  con- 
struction, repairing,  or  painting,  having  been  so  notified,  to  immediately 
reconstruct,  repair,  strengthen,  or  cause  to  be  reconstructed,  repaired, 
or  strengthened,  such  defective  staging,  scaffolding,  stays,  elevators,  der- 
ricks, hoists,  or  other  appliances,  and  put  in  place  and  maintained,  or 
cause  to  be  put  in  place  and  maintained,  such  railing  or  other  safeguards 
as  may  be  deemed  necessary  by  the  said  inspector,  his  assistant  or  deputy, 
to  bring  them  safely  within  the  provisions  of  this  act.  [G.  S.  1915, 
§  5894.] 

§  135.  Penalty  for  failure  to  comply  with  preceding  section  and  de- 
mands of  state  factory  inspector,  assistant,  or  deputy.  Any  contractor, 
owner,  superintendent  or  person  in  charge  of  the  construction,  repair- 
ing or  painting  of  any  building,  tower,  tank  or  other  structure,  who, 
after  having  received  notice  from  the  state  factory  inspector,  his  assist- 
ant or  deputy,  shall  fail  or  refuse  to  comply  with  the  provisions  of  this 
act  and  the  demands  of  the  said  inspector,  his  assistant  or  deputy,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof 
in  any  court  of  competent  jurisdiction,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  such  offense,  and  an  ad- 
ditional fine  of  five  dollars  for  each  day  the  said  work  is  continued  after 
such  notice  until  the  provisions  of  this  act  have  been  fully  complied  with. 
[G.  S.  1915,  §5895.] 


CHAPTER  12.— CONVICT  LABOR. 

Article  1.    Labor  Performed  Within  Penitentiary  Grounds.     §§  136-153. 
2.    Labor  Performed  Outside  Penitentiary  Grounds.     §§  154-160. 


ARTICLE  1.— Labor  Performed  Within  Penitentiary  Grounds. 


Convicts  permitted  to  participate  in 
earnings  :  amount  ;  when  convict 
not  to  receive  any  sum  ;  forfeiture 
for  violation  of  rules. 


§140.  Board  of  directors  to  open  and  con- 
sider bids  and  award  contracts; 
settlement  of  questions  arising  un- 
der contracts. 


137.    Amounts     earned     to     be     computed  141.    Settlement    of    questions    arising    be- 


monthly  and  placed  to  credit  of 
convict:  payment  of  amount  due 
at  expiration  of  sentence;  earn- 
ings may  be  sent  to  family  of  con- 
vict ;  expenditure  of  earnings  ;  de- 
posit of  moneys  by  warden;  war- 
den not  to  mingle  funds. 

138.  Letting  of  contract  for  prison  labor: 

president  of  board  to  advertise 
for  proposals  for  bids. 

139.  Period    of    contract;    minimum    price 

per  diem  for  each  convict  ;  bid  not 
entertained  unless  accompanied  by 
bond. 


tween  meetings  of  directors;  de- 
termination by  warden  ;  submis- 
sion to  directors. 

14'2.  Execution  of  contracts:  suits  in 
name  of  board  of  directors. 

143.  State  to  retain  right  to  control  and 
govern  prisoners:  work  injurious 
to  prisoners  to  be  forbidden  :  pris- 
oners to  be  taught  trade;  no  con- 
tracts for  employment  outside 
prison  grounds  ;  ten-hour  day  ; 
bond  to  secure  performance  of 
contract,  amount  and  approval. 


*  The  "board  of  directors"  mentioned  in  this  chapter  has  been  superseded  by  the  state 
board  of  administration,  which  board  succeeded  to  all  the  powers  heretofore  vested  in 
the  board  of  directors.  (See  Laws  of  1917,  ch.  297.) 

49 

4— Labor— 1725 


§§  136,  137]                               CONVICT  LABOR.                           [Ch.  12,  Art.  1 

§144. 

Warden    authorized   to   mine   coal   on        §149.   Output   of   penitentiary   mine   limited 

lands    belonging    to    state;    employ- 

to   needs    of    public    buildings    and 

ment  of  convicts  ;  board  may  lease 

state   institutions. 

or   purchase    adjoining   land;    con- 

150.  Repeal    of    Laws    of    1897,    ch.    163, 

demnation   of   land   by   board;    no- 

and acts  in  conflict  herewith. 

tice;     appraisement;    filing    of    re- 

151.  Payment    of     wages    to    convicts     in 

port  ;   auditor  to  draw  warrant  for 

state     penitentiary     and     state    re- 

payment  of    amount    awarded  ;    re- 

formatory ;  amount  of  such  wages  ; 

port  to  state  whether  fee  or  right 

amount    placed    in    separate    fund 

of   user   only    is   taken  ;    appeal   by 

to    be    forwarded    to    persons    de- 

landowner;   use    of    land    pending 

pendent  on   such    convict  for   sup- 

appeal. 

port  ;    proof   of   dependency  ;    accu- 

14.'.. 

Coal  for  state  institutions  to  be  sup- 

mulation   of    fund    if    there   be    no 

plied   after  supplying  penitentiary  ; 

persons  dependent  on  convict  ;  use 

sale     for     cash     to     supply     local 

of     fund     for     supplying     citizen's 

wagon  trade  at  mines  ;   price. 

clothes,     etc.  ;     purchase     of     small 

146. 

Coal  mine  owned  by  state  not  to  be 

necessities    for    convict.   , 

leased  ;    employment   of   convict  la- 

152.  Repeal   of    acts   in   conflict   with   pre- 

bor    in    working     and    developing 

ceding   section. 

mine;     use     of     convict     labor     on 

153.   Warden    or    other    official    to    pay    to 

wagon    road    from    penitentiary    to 

wife    or    guardian,    etc.,    of    minor 

limits  of  city  of  Leavenworth. 

child  of   convict   sentenced   for   de- 

147. 

Laws  repealed  by  Laws  of  1891,  ch. 

sertion    or    nonsupport   of    wife    or 

152. 

children    the    amount    allowed    for 

148. 

Coal    not   to    be    sold    on    market,    by 

labor    performed. 

contract   or   otherwise. 

LAWS  OF  1891,  CH.  152,  AS  AMENDED  BY  LAWS  OF  1901,  CH.  272. 

§136.  Convicts  permitted  to  participate  in  earnings;  amount;  when 
convict  not  to  receive  any  sum ;  forfeiture  for  violation  of  rules.  The  con- 
victs in  the  state  penitentiary  shall  be  permitted  to  participate  in  their 
earnings  as  follows,  viz.:  Each  convict  shall  have  allowed  to  him  out  of 
his  earnings  five  per  cent  upon  each  day's  labor,  the  value  of  each  day's 
labor  being  computed  at  seventy-five  cents:  Provided,  That  any  time 
said  convict  shall,  from  sickness  or  other  means,  be  unable  to  perform 
his  daily  labor,  or  while  he  shall  be  under  punishment  for  any  violation 
of  the  rules  of  the  penitentiary,  shall  not  be  estimated;  nor  shall  such 
convict  receive  any  sum  while  disabled  from  sickness  or  other  cause,  nor 
while  undergoing  punishment  for  the  violation  of  any  prison  rules  or 
orders:  And  provided  further,  That  for  the  violation  of  such  rules  or 
orders  the  warden  and  directors  may  declare  the  whole  or  any'  part  of 
the  convict's  earnings  forfeited.  [G.  S.  1915,  §  10000.] 

§  137.  Amounts  earned  to  be  computed  monthly  and  placed  to  credit 
of  convict;  payment  of  amount  due  at  expiration  of  sentence;  earnings 
may  be  sent  to  family  of  convict;  expenditure  of  earnings;  deposit  of 
moneys  by  warden;  warden  not  to  mingle  funds.  The  warden  shall,  at  the 
end  of  each  month,  compute  and  place  to  the  credit  of  each  con- 
vict the  amount  earned  by  him  as  aforesaid;  and  at  the  expiration  of 
his  sentence,  the  balance  due  him  on  account  of  his  earnings,  upon  the 
basis  aforesaid,  shall  be  paid  to  him:  Provided,  however,  That  if  the 
convict  shall  by  good  conduct  be  entitled  to  his  earnings  as  herein  pro- 
vided, he  may,  if  he  elect,  cause  his  earnings  in  excess  of  the  earnings  of 
one  year  to  be  sent  to  his  family,  or  to  be  expended  in  such  manner  as  the 
warden  may  approve.  It  shall  be  the  duty  of  the  warden  to  deposit  in  a 
bank,  to  be  designated  by  the  board  of  directors,  all  moneys  coming  into 
his  hands  belonging  to  the  penitentiary  or  convicts,  and  not  invested  as 
hereinbefore  provided.  Such  account  at  the  bank  so  designated  shall 
be  kept  with  the  warden  officially,  and  he  shall  not  mingle  the  funds  of 
the  penitentiary  with  his  private  funds,  nor  check  against  such  account, 
except  for  the  authorized  purposes  of  said  institution.  [G.  S.  1915, 
§  10001.] 


50 


Ch.  12,  Art.  1]  CONVICT  LABOR.  [§§  138-143 

§  138.  Letting  of  contract  for  prison  labor;  president  of  board  to  ad- 
vertise for  proposals  for  bids.  Before  letting  any  contract  for  prison 
labor,  the  president  of  the  board  of  directors  shall  advertise  for  proposals 
for  bids  in  at  least  three  papers  of  general  circulation  in  the  state,  for 
at  least  sixty  days  preceding  the  opening  of  the  bids  and  awarding  the 
contract.  [G.  S.  1915,  §  10002.] 

§  139.  Period  of  contract;  minimum  price  per  diem  for  each  convict; 
bid  not  entertained  unless  accompanied  by  bond.  Contracts  shall  be  made 
for  a  term  not  exceeding  six  years,  and  shall  be  awarded  to  the  highest 
responsible  bidder,  but  not  at  a  less  price  than  forty-five  cents  per  diem 
for  each  able-bodied  convict.  No  bid  shall  be  entertained  unless  it  is 
accompanied  with  a  bond  of  five  thousand  dollars,  which  bond  shall  be 
conditioned  for  a  faithful  compliance  with  the  terms  of  the  bid  made 
if  accepted.  [G.  S.  1915,  §  10003.] 

§  140.  Board  of  directors  to  open  and  consider  bids  and  award  con- 
tracts; settlement  of  questions  arising  under  contracts.  The  board  of  di- 
rectors of  the  state  penitentiary  shall  open  and  consider  bids  and  award 
contracts,  and  are  empowered  to  act  in  all  matters  appertaining  thereto, 
and  for  the  settlement  of  any  question  that  may  at  any  time  arise  under 
such  contract  for  and  in  behalf  of  the  state  penitentiary.  [G.  S.  1915, 
§  10004.] 

§  141.  Settlement  of  questions  arising  between  meetings  of  directors; 
determination  by  warden;  submission  to  directors.  If  any  question  arises 
in  relation  to  and  under  any  contract  made  for  the  employment  of  prison 
labor  during  the  period  between  the  meeting  of  the  board  of  directors,  it 
shall  be  determined  by  the  warden,  and  be  repeated  by  him  to  the  board 
at  the  next  regular  meeting  of  the  directors  for  their  concurrence,  re- 
jection, or  settlement.  [G.  S.  1915,  §  10005.] 

§  142.  Execution  of  contracts;  suits  in  name  of  board  of  directors.  All 
contracts  made  for  the  employment  of  prison  labor  shall  be  signed  by  the 
president  of  the  board  of  directors,  and  shall  be  between  the  board  of 
directors  and  the  person,  firm  or  company  contracting;  and  any  suit 
brought  under,  for  or  on  account  of  any  claims  arising  out  of  said  con- 
tracts shall  be  brought  by  and  in  the  name  of  the  board  of  directors  of 
the  state  penitentiary.  [G.  S.  1915,  §  10006.] 

§  143.  State  to  retain  right  to  control  and  govern  prisoners;  work  in- 
jurious to  prisoners  to  be  forbidden;  prisoners  to  be  taught  trade;  no  con- 
tracts for  employment  outside  prison  grounds;  ten-hour  day;  bond  to  se- 
cure performance  of  contract,  amount  and  approval.  In  contracting  the 
labor  of  the  prisoners,  the  state  shall  retain  the  right  of  full  control 
through  the  proper  officers  over  them,  and  shall  reserve  the  right  to 
govern  the  prisoners,  and  to  change  the  disciplinary  rules  of  the  prison, 
and  to  forbid  any  work  or  mode  or  manner  of  doing  the  same  that  is 
injurious  to  the  health,  or  dangerous  to  the  person  of  the  prisoners;  and 
the  party  hiring  the  labor  shall  be  required,  so  far  as  practicable,  to  teach 
the  prisoner  as  much  of  the  trade  at  which  he  is  employed  as  will  enable 
him  to  work  at  the  same  when  discharged  from  prison.  No  contract 
shall  be  made  for  the  employment  of  the  prisoners  outside  of  the  prison 
grounds.  A  day's  labor  shall  be  ten  hours.  The  bond  to  secure  perform- 
ance of  contract  in  each  case  shall  be  executed  to  the  state  of  Kansas  in 
such  a  sum  as  may  be  determined  by  the  board;  but  in  no  case  to  be  a 

51 


§  144]  CONVICT  LABOR.  [Ch.  12,  Art.  1 

less  sum  than  ten  thousand  dollars  nor  more  than  fifty  thousand  dollars, 
and  to  be  approved  by  the  board  of  directors.     [G.  S.  1915,  §  10007.] 

§144.  Warden  authorized  to  mine  coal  on  lands  belonging  to  state; 
employment  of  convicts;  board  may  lease  or  purchase  adjoining  land; 
condemnation  of  land  by  board;  notice;  appraisement;  filing  of  report; 
auditor  to  draw  warrant  for  payment  of  amount  awarded ;  report  to  state 
whether  fee  or  right  of  user  only  is  taken;  appeal  by  land-owner;  use  of 
land  pending  appeal.  The  warden  is  authorized  to  mine  and  take  out  the 
coal  on  the  lands  belonging  to  the  state  upon  which  the  penitentiary  is 
located  and  adjacent  thereto,  so  far  as  that  can  be  done  without  injury 
to  the  penitentiary  buildings  located  thereon,  and  to  employ  the  labor 
of  such  convicts  as  are  not  required  in  other  departments  of  the  peni- 
tentiary or  to  supply  existing  contracts  in  so  doing.  The  board  of  direc- 
tors may  also  lease  land  adjoining  that  owned  by  the  state  for  the  pur- 
pose of  mining  and  taking  out  the  coal  thereon,  providing  that  it  can 
be  done  at  a  price  not  exceeding  two  mills  per  bushel,  or  may  purchase 
and  acquire  the  fee  to  such  land  for  the  state  at  such  reasonable  price 
per  acre  as  shall  be  agreed  upon  by  the  owner  and  the  board  of  directors 
and  approved  by  the  governor;  and  in  case  such  right  of  user  or  the  fee 
to  such  land  cannot  be  secured  by  contract  or  purchase,  the  board  of 
directors  of  the  state  penitentiary  shall  have  power  to  lay  off,  appropriate 
and  condemn  for  the  state  the  fee  or  the  right  of  user  to  such  land  in 
the  following  manner:  The  board  of  directors  shall  appraise  the  value 
of  the  land  so  to  be  condemned,  and  of  each  owner's  interest  therein, 
and  assess  the  damages,  if  any,  to  the  residue  of  the  tract,  all  of  which 
shall  be  embodied  in  a  written  report,  and  forthwith  filed  in  the  office  of 
the  county  clerk  of  the  county  in  which  such  land  is  situated,  and  shall 
be  recorded  in  the  office  of  the  register  of  deeds  of  such  county;  and 
upon  a  statement  showing  the  amount  awarded  to  each  land-owner  under 
the  provisions  of  this  section,  or  the  purchase-price  of  such  land  agreed 
upon  and  approved  as  hereinabove  provided,  signed  by  the  president  of 
the  board  of  directors,  the  auditor  of  state  shall  draw  his  warrant  for 
the  amount  awarded  or  such  purchase-price,  payable  to  the  president  of 
the  board  of  directors,  out  of  any  funds  appropriated  for  that  purpose: 
Provided,  That  before  proceeding  to  condemn  and  appraise  such  lands 
as  aforesaid,  the  board  of  directors  shall  give  notice  of  the  time  when 
and  the  place  where  it  will  commence  such  proceedings;  and  the  said 
board  shall  deposit  the  money  awarded,  and  in  all  respects  conform  in 
'its  proceedings  under  this  section  as  near  as  may  be  to  the  provisions 
of  the  law  for  the  appropriation  of  land  for  the  use  of  railway  corpora- 
tions. The  land-owner  shall  have  the  right  of  appeal,  the  same  as  in 
cases  of  condemnation  by  railway  corporations;  and  if  upon  the  trial 
of  such  appeal,  or  in  compromise  thereof  by  the  board  of  directors,  the 
award  of  damages  shall  be  increased,  the  auditor  of  state  shall,  upon  a 
statement  thereof  as  herein  above  provided,  draw  a  warrant  therefor, 
payable  to  the  president  of  the  board  of  directors,  and  the  amount 
thereof  shall  be  paid  to  the  land-owner  entitled  thereto  or  to  the  legal 
representatives  of  such  land-owner :  Provided,  That  where  the  purchase- 
price  of  any  such  land  is  to  be  paid  to  the  president  of  the  board  of 
directors  upon  the  warrant  of  the  state  auditor,  as  herein  above  pro- 
vided, the  money  so  paid  shall  be  forthwith  delivered  to  the  person  or 
persons  entitled  to  such  purchase-money  or  to  his  or  their  legal  repre- 
sentatives. The  report  of  proceedings  under  this  section  shall,  in  addition 

52 


Ch.  12,  Art.  1]  CONVICT  LABOR.  [§§  145-150 

to  other  matters,  show  whether  the  fee  to  the  land,  or  the  right  of  user 
only,  is  taken;  and  upon  the  filing  of  such  report,  and  depositing  the 
amount  awarded  as  herein  provided,  said  board  of  directors  may,  not- 
withstanding the  pendency  of  any  appeal,  take  possession  of  and  use  the 
land  so  condemned,  the  same  as  if  no  appeal  had  been  taken;  and  upon 
the  payment  of  the  amount  awarded  by  said  board,  or  on  appeal,  if  any 
is  taken,  the  fee  simple  to  the  land  appropriated,  or  the  right  to  use  the 
same  as  specified  in  the  report  aforesaid,  shall  be  vested  in  the  state 
forever.  [G.  S.  1915,  §  10008.] 

§  145.  Coal  for  state  institutions  to  be  supplied  after  supplying  peni- 
tentiary; sale  for  cash  to  supply  local  wagon  trade  at  mines;  price.  The 
warden,  after  supplying  the  penitentiary  with  all  necessary  coal  from 
said  mines,  shall  supply  on  cars  at  the  mines  all  the  coal  necessary  for 
fuel  for  the  state  house,  the  insane  asylums  and  other  state  institutions 
which  are  now  supplied  by  the  state,  and  thereafter  he  may  sell  for  cash 
such  portion  of  the  surplus  coal  as  may  be  required  to  supply  the  local 
wagon  trade  at  said  mines,  at  a  price  not  less  than  one  cent  per  bushel 
higher  than  the  surplus  is  contracted  to  be  sold  as  hereinafter  provided. 
[G.  S.  1915,  §  10009.] 

See  §   148,  prohibiting  sale  of  coal  on  the  market. 

§  146.  Coal  mine  owned  by  state  not  to  be  leased;  employment  of  con- 
vict labor  in  working  and  developing  mine ;  use  of  convict  labor  on  wagon 
road  from  penitentiary  to  limits  of  city  of  Leavenworth.  The  coal  mine 
owned  by  the  state  at  the  penitentiary  shall  not  be  leased,  but  the  war- 
den and  directors  shall  employ  the  surplus  convict  labor  in  working  and 
developing  the  same  to  the  greatest  practical  advantage :  Provided,  That 
the  warden  may  use  such  portion  of  the  convict  labor  as  may  be  neces- 
sary to  keep  in  repair  the  wagon  road  from  the  state  penitentiary  to 
the  limits  of  the  city  of  Leavenworth.  [G.  S.  1915,  §  10010.] 

§  147.  Laws  repealed  by  Laws  of  1891,  ch.  152.  All  of  sections  num- 
bered from  6394  to  6456  inclusive,  of  the  General  Statutes  of  1889,  the 
same  being  article  30  of  chapter  99  thereof,  and  comprising  all  of  chapter 
77  of  the  Laws  of  1868,  chapter  101  of  the  Laws  of  1869,  chapters  22, 
26  and  111  of  the  Laws  of  1871,  chapters  26  and  103  of  the  Laws  of  1873, 
chapter  51  of  the  Laws  of  1874,  chapter  100  of  the  Laws  of  1876,  chapter 
87  of  the  laws  of  1879,  chapter  8  of  the  Laws  of  1883,  chapter  41  of 
the  Laws  of  1887,  and  chapter  44  of  the  Laws  of  1889,  are  hereby  re- 
pealed. [G.  S.  1915,  §  10011.] 

LAWS  OF  1899,  CH.  171. 

§  148.  Coal  not  to  be  sold  on  market,  by  contract  or  otherwise.  That 
no  coal  mined  at  the  penitentiary  shall  hereafter  be  sold  on  the  market, 
by  contract  or  otherwise.  [G.  S.  1915,  §  10012.] 

§  149.  Output  of  penitentiary  mine  limited  to  needs  of  public  build- 
ings and  state  institutions.  That  the  output  of  coal  at  the  penitentiary 
mine  shall  be  limited  to  the  needs  of  the  public  buildings  and  institutions 
of  the  state.  [G.  S.  1915,  §  10013.] 

§  150.  Repeal  of  Laws  of  1897,  ch.  163,  and  acts  in  conflict  herewith. 
That  chapter  163  of  the  Session  Laws  of  1897,  and  all  other  acts  and 
parts  of  acts  in  conflict  with  this  act,  be  and  the  same  are  hereby  re- 
pealed. [G.  S.  1915,  §10014.] 

53 


§§  151-153]  CONVICT  LABOR.  [Ch.  12,  Art.  1 

LAWS  OF  1913,  CH.  304. 

AN  ACT  providing  for  the  payment  of  a  daily  wage  to  prisoners  in  the  state  penitentiary 
and  state  reformatory  and  creating  a  fund  for  the  dependent  members  of  the  imme- 
diate families  of  such  prisoners  and  repealing  all  acts  and  parts  of  acts  in  conflict 
herewith. 

§  161.  Payment  of  wages  to  convicts  in  state  penitentiary  and  state 
reformatory;  amount  of  such  wages;  amount  placed  in  separate  fund  to 
be  forwarded  to  persons  dependent  on  such  convict  for  support;  proof  of 
dependency;  accumulation  of  fund  if  there  be  no  persons  dependent  on 
convict;  use  of  fund  for  supplying  citizen's  clothes,  etc.;  purchase  of 
small  necessities  for  convict.  That  the  board  of  directors  of  the  state 
penitentiary  located  at  Lansing,  Kansas,  and  of  the  state  reformatory 
located  at  Hutchinson,  Kansas,  be  directed  to  pay,  out  of  any  general 
funds  belonging  to  the  respective  institutions,  to  each  convict  employed 
by  the  state  a  sum  of  money,  and  such  wage  shall  be  not  less  than  ten 
cents  per  day  and  may  be  raised  from  time  to  time  above  ten  cents  where 
in  the  judgment  of  the  superintendent  or  board  of  directors,  the  work 
is  of  such  quality  and  value  as  to  warrant  a  greater  amount,  but  in  no 
case  is  the  amount  so  paid  to  exceed  twenty-five  cents  per  day  for  each 
day's  work  performed  by  the  convict  above  the  regular  daily  task  as- 
signed by  the  warden  of  the  penitentiary  or  superintendent  of  the  state 
reformatory  while  in  the  penitentiary  or  reformatory;  and  that  the 
amount  of  money  thus  earned  by  the  convict  shall  be  placed  in  a  separate 
fund  to  his  credit  to  be  forwarded  by  the  board  of  directors  at  the  close 
of  each  month  to  any  person  or  persons  of  his  immediate  family  who  are 
dependent  upon  such  convict  wholly  or  in  part  for  their  support,  such 
dependence  being  shown  by  a  written  statement  signed  by  the  county 
commissioners  and  probate  judge  of  the  county  in  which  such  dependent 
person  or  persons  live:  Provided,  That  if  there  be  no  such  person  or 
persons  dependent  upon  the  convict  for  such  support,  then  said  fund  shall 
accumulate  to  the  individual  credit  of  such  convict  until  the  close  of  his 
term  when  the  board  of  directors  or  superintendent  shall  use  a  portion 
thereof  to  supply  such  convict  with  suitable  citizen's  clothes,  and  the  re- 
mainder be  given  him  to  assist  him  in  again  starting  out  in  life :  Provided 
further,  That  the  board  of  directors  or  superintendent  may  use  a  por- 
tion of  such  fund  as  may  accumulate  to  a  convict  who  has  no  one  de-t 
pendent  upon  him,  for  the  purchase  from  time  to  time  of  small  necessi- 
ties for  such  convict.  [G.  S.  1915,  §  10022.] 

§  152.  Repeal  of  acts  in  conflict  with  preceding  section.  All  acts  and 
parts  of  acts  in  conflict  herewith  be  and  the  same  are  hereby  repealed. 
[G.  S.  1915,  §  10023.] 

PART  OF  LAWS  OF  1911,  CH.  163. 

§  153.  Warden  or  other  official  to  pay  to  wife  or  guardian,  etc.,  of 
minor  child  of  convict  sentenced  for  desertion  or  nonsupport  of  wife  or 
children  the  amount  allowed  for  labor  performed.  It  shall  be  the  duty  of 
the  warden,  or  other  official  in  charge  of  the  penitentiary  or  reformatory 
in  which  any  person  is  confined  on  account  of  a  sentence  at  hard  labor, 
under  this  act,  to  pay  over  to  the  wife,  or  to  the  guardian,  curator  or 
custodian  or  his  or  her  minor  child  or  children,  or  to  an  organization  or 
individual  approved  by  the  court  as  trustee,  at  the  end  of  each  week,  for 
the  support  of  such  wife,  child  or  children,  a  sum  equal  to  such  amount  as 
may  be  allowed  by  law  to  such  convict  for  each  day's  hard  labor  per- 
formed by  said  person  so  confined.  [G.  S.  1915,  §  3416.] 

54 


Ch.  12,  Art.  2]  CONVICT  LABOR.  [§§  154, 155 

ARTICLE  2. — Labor  Performed  Outside  Penitentiary  Grounds. 


Unlawful  to  allow  convict  to  per- 
form labor  for  private  citizens  out- 
side penitentiary  grounds;  em- 
ployment of  surplus  convict  !:<;>or 
on  road*. 

L55.  Convicts  may  he  detailed  to  work 
upon  roads  and  highways  or 
streets  and  alleys  upon  request  of 


§156.  Dangerous  convicts  not  to  be  de- 
tailed; efficiency  of  industrial  u:i 
dertakingfl  at  penitentiary  not  to 
be  impaired. 

157.  Convicts  not  to  be  employed  in 
building:  bridge  or  structure  re- 
quiring skilled  labor. 

15S.   Additional   good   time  allowance   may 


county   or   city   authorities:    coun.y     i  he    granted    to    convicts    employed 

or    city    to    pay    additional    expense  on   public   work  for   good  behavior 


of  guarding  and  furnish  tools  and 
materials:  county  or  city  TO  pay 
to  warden  one  dollar  per  day  for 


and      cheerful      compliance      with 
rules. 
159.    Repeal    of    acts    in    conflict   herewith. 


each     convict     furnished:     disposi-  i      160.    Inmates    of   reformatory   may   be   de- 

tion    of   earnings   of   convicts   attor  tailed    to   work    of   caring  for    and 

deducting      cost      of      maintena  keeping  state  fair  grounds, 
and  retention. 

PART  OF  LAWS  OF  1917,  CH.  56. 

§  154.  Unlawful  to  allow  convict  to  perform  labor  for  private  citizens 
outside  penitentiary  grounds;  employment  of  surplus  convict  labor  on 
roads.  It  shall  be  unlawful  to  allow  any  convict  in  the  penitentiary  to 
perform  any  labor  for  private  citizens  outside  of  the  penitentiary  grounds 
for  hire  or  otherwise,  except  on  the  public  highways  of  the  state,  and 
the  warden  shall  employ  the  surplus  convict  labor  in  extending  and 
repairing  the  state  and  county  roads,  and  upon  other  work  exclusively 
for  the  benefit  of  the  state.  [Laws  1917,  ch.  56,  §  3;  May  26.] 

LAWS  OF  1913,  CH.  219. 

AX  ACT  providing  for  the  working  of  the  convicts  in  the  Kansas  state  penitentiary  upon 
the  public  roads  and  highways  within  any  county,  and  upon  the  streets  and  alleys 
within  the  cities  and  incorporated  towns  located  within  the  state  of  Kansas,  and  to 
repeal  all  acts  and  parts  of  acts  in  conflict  herewith. 

§  155.  Convicts  may  be  detailed  to  work  upon  roads  and  highways  or 
streets  and  alleys  upon  request  of  county  or  city  authorities;  county  or 
city  to  pay  additional  expense  of  guarding  and  furnish  tools  and  ma- 
terials; county  or  city  to  pay  to  warden  one  dollar  per  day  for  each  con- 
vict furnished;  disposition  of  earnings  of  convicts  after  deducting  cost  of 
maintenance  and  retention.  Upon  the  written  request  of  the  board  of 
county  commissioners  of  any  county  or  of  the  mayor  and  councilmen 
or  mayor  and  commissioners  of  any  city  of  the  state  of  Kansas,  the 
warden  of  the  Kansas  state  penitentiary  may  detail  such  convicts  as  in 
his  judgment  shall  seem  proper,  not  to  exceed  the  number  specified  in 
said  written  request,  to  work  upon  such  public  roads  and  highways  of 
such  county  or  streets  and  alleys  of  any  city  or  incorporated  town  within 
such  county,  as  shall  be  designated  in  said  written  request  of  said  board 
of  county  commissioners:  Provided,  That  such  county  shall  pay  all  addi- 
tional expenses  of  guarding  said  convicts  while  working  upon  said  public 
roads  and  highways  within  such  county,  and  shall  furnish  all  tools 
and  materials  necessary  in  the  performance  of  said  work:  And  provided, 
That  when  said  work  is  done  within  the  limits  of  any  city  or  incorporated 
town  within  such  county  or  city  or  incorporated  town  where  said  work 
shall  be  done,  shall  likewise  pay  all  additional  expenses  of  guarding  such 
convicts  while  performing  said  work,  and  shall  furnish  all  necessary 
material  used  in  said  work:  And  provided,  That  the  board  of  county 
commissioners  of  any  county,  or  the  proper  municipal  authorities  in 
any  city  or  incorporated  town,  shall  pay  to  the  warden  of  the  state  pen- 
itentiary a  sum  of  one  dollar  per  day  for  each  convict  so  furnished  by 
said  warden  to  said  authorities:  And  provided,  That  the  earnings  of 

55 


§§  156-160]  CONVICT  LABOR.  [Ch.  12,  Art.  2 

such  convicts,  after  deducting  sufficient  thereof  to  pay  and  satisfy  the 
cost  of  maintenance  and  retention,  shall  be  given  to  the  family  of  such 
convict,  or  dependents  if  there  be  any;  if  there  be  none,  the  sums 
accumulated  shall  be  paid  to  such  convict  upon  his  discharge  from  the 
penitentiary.  [G.  S.  1915,  §  10024.] 

§166.  Dangerous  convicts  not  to  be  detailed;  efficiency  of  industrial 
undertakings  at  penitentiary  not  to  be  impaired.  It  shall  not  be  lawful 
for  the  warden  to  detail  on  public  road  work  any  convict  whom  he 
believes  to  be  dangerous  to  himself  or  to  his  fellows  or  to  the  public, 
nor  shall  such  a  number  of  convicts  be  detailed  to  this  work  as  will  im- 
pair the  efficiency  of  any  industrial  undertaking  now  maintained  at  the 
state  penitentiary  as  a  matter  of  prison  discipline  and  penal  servitude. 
[G.  S.  1915,  §  10025.] 

§  157.  Convicts  not  to  be  employed  in  building  bridge  or  structure  re- 
quiring skilled  labor.  Said  convicts,  when  employed  under  the  provisions 
of  section  one  of  this  act,  shall  not  be  used  for  the  purpose  of  building 
any  bridge  or  structure  of  like  character,  which  requires  the  employment 
of  skilled  labor.  [G.  S.  1915,  §  10026.] 

§  158.  Additional  good  time  allowance  may  be  granted  to  convicts  em- 
ployed on  public  work  for  good  behavior  and  cheerful  compliance  with 
rules.  The  board  of  directors  of  the  penitentiary  are  hereby  empowered 
to  adopt  a  special  rule  applicable  solely  to  convicts  employed  upon  the 
public  work  herein  authorized  and  contemplated  whereby  convicts  so 
employed  shall  be  granted  one  additional  day  as  good  time  allowance  out 
of  every  three  while  so  engaged  on  the  public  work  herein  authorized  and 
contemplated,  conditional  upon  their  good  behavior  and  cheerful  com- 
pliance with  all  rules  that  may  be  made  by  the  said  board  or  said  super- 
intendent for  the  management  and  control  of  convicts  so  employed, 
which  additional  good  time  allowance  shall  be  in  addition  to  good  time 
allowance  otherwise  provided  by  law.  [G.  S.  1915,  §  10027.] 

§  159.  Repeal  of  acts  in  conflict  herewith.  All  acts  and  parts  of  acts 
in  conflict  herewith  are  hereby  repealed.  [G.  S.  1915,  §  10028.] 

LAWS  OF  1913,  CH.  346. 

A  RESOLUTION  authorizing  the  board  of  correction  to  detail  certain  inmate*  of  the 
industrial  reformatory  to  aid  in  the  care  and  keeping  of  the  state  fair  grounds  at 
Hutchinson. 

§  160.  Inmates  of  reformatory  may  be  detailed  to  work  of  caring  for 
and  keeping  state  fair  grounds.  That  for  the  purpose  of  furnishing  use- 
ful and  healthful  labor  and  discipline  for  the  able-bodied  inmates  of  the 
Kansas  state  industrial  reformatory  at  Hutchinson,  Kansas,  the  board  of 
correction  may  authorize  and  direct  the  superintendent  of  said  reforma- 
tory to  detail  any  able-bodied  inmates  of  said  institution  to  the  work 
of  caring  for  and  keeping  any  fair  grounds  which  may  be  obtained  by 
the  state  board  of  agriculture,  or  by  the  state  of  Kansas  in  its  behalf, 
under  house  bill  No.  409  of  the  Session  Laws  of  1913.  [G.  S.  1915, 
§  10070.] 

The  "board  of  correction,"  mentioned  herein,  has  been  superseded  by  the  state 
board  of  administration.  (Laws  1917,  ch.  297.) 

"House  bill  No.  409  of  the  Session  Laws  of  1913,"  mentioned  herein,  is  §?  10360 
10371  of  the  General  Statutes  of  1915. 


56 


Ch.  13] 


COUNTY  PRISONERS. 


[§§161,162 


CHAPTER  13.— COUNTY  PRISONERS. 


Hi].  County  commissioners  to  work  male 
prisoners  sentenced  to  jail  for  fail- 
ure to  pay  costs  or  fine  and  costs, 
on  any  street,  highway,  poor  farm, 
or  public  works ;  credit  for  work 
performed ;  release  of  prisoners. 


§162.  County  commissioners  employing 
prisoners  to  furnish  guards;  con- 
veying prisoners ;  material,  tools, 
etc.,  to  be  furnished;  eight-hour 
day. 


LAWS  OF  1917,  CH.  168. 

AN  .-\CT  relating  to  the  compulsory  employment  of  a  male  prisoner  committed  to  the  jail 
of  any  county  in  the  state  of  Kansas  for  failing  to  pay  a  fine,  or  costs,  or  both  fine  and 
costs. 

§  161.  County  commissioners  to  work  male  prisoners  sentenced  to  jail 
for  failure  to  pay  costs  or  fine  and  costs,  on  any  street,  highway,  poor 
farm,  or  public  works;  credit  for  work  performed;  release  of  prisoners. 

That  whenever  any  male  person,  convicted  of  a  misdemeanor,  shall  be 
adjudged  to  pay  the  costs  of  the  proceedings  by  which  he  was  convicted, 
or  a  fine  or  both  costs  and  fine,  and  for  failure  to  so  do  shall  be  committed 
to  the  county  jail,  the  board  of  county  commissioners  of  the  county  in 
which  such  prisoner  is  confined  shall  compel  such  prisoner  to  work  on  any 
street,  highway,  poor  farm  or  public  works  under  its  direction  and  con- 
trol. For  each  day's  work  so  performed  by  him,  such  prisoner  shall  re- 
ceive a  credit  of  one  dollar  upon  the  amount  of  costs,  or  fine,  or  fine  and 
costs,  and  when  his  credits  thus  obtained  shall  be  equal  to  the  amount  of 
such  costs,  or  fine,  or  fine  and  costs,  he  shall  be  released  and  set  at  liberty 
and  such  judgment  of  conviction  shall  be  receipted  in  full  by  the  board  of 
county  commissioners.  [Laws  1917,  ch.  168,  §  1;  Feb.  27.] 

This  act  held  not  to  violate  §  6  of  art.  6,  or  §  1  of  art.  11,   of  the  constitution  of 
this  state.     The  State,  ex  rel,  v.  Chase  County,  101  K.  564. 

§162.  County  commissioners  employing  prisoners  to  furnish  guards; 
conveying  prisoners ;  material,  tools,  etc.,  to  be  furnished ;  eight -hour  day. 

That  the  board  of  county  commissioners  employing  such  prisoner  upon  a 
street,  highway,  poor  farm  or  any  public  works  shall  furnish  the  neces- 
sary guards  under  the  absolute  command  of  the  sheriff  of  the  county  to 
manage  and  control  such  prisoner  and  to  return  him  to  the  county  jail  at 
the  close  of  each  day's  work  and  also  shall  furnish  all  expenses  of  convey- 
ing prisoners  to  and  from  the  place  of  employment,  all  costs  of  guards,  all 
necessary  material,  tools,  implements,  plows,  teams,  engines,  wagons,  rock 
crushers  or  other  equipment  of  whatever  kind  or  character  which  said 
board  may  deem  necessary  for  working  such  prisoner  to  advantage  upon 
such  street,  highway,  poor  farm  or  public  work :  Provided,  That  no  pris- 
oner shall  be  worked  more  than  eight  hours  in  any  twenty-four  consecu- 
tive hours.  [Laws  1917,  ch.  168,  §  2;  Feb.  27.] 


57 


DEPARTMENT  OF  LABOR  AND  INDUSTRY. 


[Ch.  14 


CHAPTER  14.— DEPARTMENT  OF  LABOR 
AND  INDUSTRY. 


§163.  Department  of  labor  and  industry 
created  under  control  of  commis- 
sioner of  labor  and  industry;  ap- 
pointment of  commissioner ;  office 
in  capitol  building;  term  of  office; 
functions  of  secretary  and  as- 
sistant secretary  of  state  society  of 
labor  and  industry  and  state  sec- 
retary of  mine  industries  to  cease ; 
books,  papers,  etc.,  to  be  turned 
over  to  commissioner  of  labor. 

164.  Qualifications      necessary      for      com- 

missioner   of    labor    and    industry. 

165.  Commissioner   of  labor   and   industry 

ex  officio  state  factory  inspector, 
state  mine  inspector  and  director 
of  free  employment  bureau ;  pow- 
ers and  duties. 

166.  Commissioner    to    appoint  -  assistant, 

chief  clerk,  statistical  clerk,  free 
employment  bureau  clerk,  stenog- 
rapher, two  deputy  factory  inspec- 
tors, inspector  of  fire  escapes  and 
places  of  amusement,  five  deputy 
mine  inspectors,  and  special 
agents  and  other  assistants; 
qualifications  of  inspectors,  etc. ; 
compensation ;  person  interested 
in  operating  coal  mine  not  to  act 
as  mining  inspector;  persons  re- 
lated by  blood  or  marriage  to 
commissioner,  etc.,  not  to  be  ap- 
pointed. 

167.  Commissioner  to  appoint  a  woman  as 

one  deputy  state  factory  inspec- 
tor ;  duties  of  such  inspector ; 
qualifications. 

168.  Salary  of  commissioner  of  labor  and 

industry ;  salary  of  assistant,  chief 
clerk,  statistical  clerk,  stenogra- 
.  phers,  deputy  factory  inspectors, 
inspector  of  fire  escapes,  etc., 
deputy  mine  inspectors,  free  em- 
ployment bureau  clerk;  traveling 
expenses;  clerk  and  stenographer 
in  mining  department;  salaries. 

169.  Appointees     of    commissioner    to    be 

under  his  control  and  hold  office 
during  his  pleasure. 

170.  Commissioner,        assistant       commis- 

sioner and  deputies  to  give  bond 
for  faithful  performance  of  duties. 

171.  Sections  repealed  by  Laws  of   1913, 

ch.  217;  repeal  of  acts  inconsist- 
ent with  preceding  sections. 

172.  Duties   of    commissioner;    annual   re- 

ports to  the  governor  to  be  bien- 
nially transmitted  to  the  legisla- 
ture; matters  to  be  stated  in  re- 
ports ;  laws  to  be  enforced  by 
commissioner. 

173.  Commissioner    may    require    answers 

to  interrogatories  by  person,  com- 
pany or  officer  of  corporation; 
seal;  testimony,  oaths,  etc.;  fees 

LAWS  OF  1913,  CH.  217,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  1. 

AN  ACT  creating  a  department  of  labor  and  industry,  defining  its  powers  and  the  duties 
of  the  officers  thereof,  repealing  sections  5032,  5033,  5034,  5035,  5036,  5037  and 
5038,  also  sections  8015,  8016,  8023,  8024,  General  Statutes  of  1909,  and  all  laws 
and  parts  of  laws  in  conflict  with  the  provisions  of  this  act. 


of  witnesses  testifying  before 
commissioner ;  penalty  for  failure 
to  appear  as  witness,  give  testi- 
mony, answer  interrogatories,  etc. ; 
witnesses  not  compelled  to  go  out- 
side of  county ;  information 
deemed  confidential ;  penalty  for 
violation  of  foregoing  provision. 
§174.  Commissioner,  deputies,  assistants 
and  special  agents  may  enter  any 
factory  or  mill,  workshop,  etc.,  to 
gather  statistics  and  examine 
methods  and  conditions;  finding 
of  conditions  injurious  or  danger- 
ous to  employees,  etc. ;  notice  to 
owner,  etc.,  to  provide  safeguards, 
make  alterations  or  additions; 
duty  to  comply  with  notice  and 
notify  commissioner;  failure  to 
comply  with  notice ;  misdemeanor ; 
prosecution ;  penalty ;  safeguards 
not  to  be  removed  except  to  make 
immediate  repairs;  replaced  be- 
fore operating  machine;  requir- 
ing or  permitting  injurious  opera- 
tion of  machine,  etc.,  or  continu- 
ing dangerous  method  of  opera- 
tion when  prohibited  by  commis- 
sioner or  deputy;  misdemeanor; 
penalty;  employee,  etc.,  operating 
machine,  etc.,  without  having  safe- 
guard in  place;  misdemeanor;  or- 
ders and  findings  of  commissioner 
to  be  reasonable;  actions  to  va- 
cate and  set  aside  orders,  etc.; 
time  for  bringing  action ;  prece- 
dence over  other  actions. 

175.  Meanings  of  expressions  used  i»  this 

act  and  as  used  in  other  laws  re- 
lating to  employment  of  labor; 
"person"  ;  "children"  ;  "minor"  ; 
"women"  ;  "factory"  ;  "workshop"  ; 
exercise  of  manual  labor  in  pri- 
vate house,  etc. 

176.  State,   county,   township   and  city  of- 

ficers to  furnish  statistical  or 
other  information  to  commissioner. 

177.  Printing    of    annual    reports    of    bu- 

reau of  labor;  number  of  copies 
to  be  printed  and  distributed; 
size  of  report:  blanks  aad  sta- 
tionery to  be  furnished  by  secre- 
tary of  state  and  paid  for  from 
printing  fund. 

178.  Repeal    of    Laws    of    1885,    ch.    188, 

and  laws  inconsistent  with  pre- 
ceding sections. 

179.  Commissioner  of  labor  to  publish  an- 

nual report  of  department;  in- 
formation and  matter  contained 
in  report. 

180.  Repeal  of  so  much  of  Laws  of  1901. 

ch.  293,  as  relates  to  report  of 
commissioner  of  labor. 


58 


Ch.  14]  DEPARTMENT  OF  LABOR  AND  INDUSTRY.  [§§  163-166 

§  103.  Department  of  labor  and  industry  created  under  control  of 
commissioner  of  labor  and  industry;  appointment  of  commissioner;  office 
in  capitol  building;  term  of  office;  functions  of  secretary  and  assistant 
secretary  of  state-  society  of  labor  and  industry  and  state  secretary  of 
mine  industries  to  cease ;  books,  papers,  etc.,  to  be  turned  over  to  commis- 
sioner of  labor.  That  a  department  of  labor  and  industry  be  and  the 
same  is  hereby  created,  to  be  under  the  control  of  a  commissioner  of  labor 
and  industry,  who,  upon  the  taking  effect  of  this  act,  shall  be  appointed 
by  the  governor  by  and  with  the  consent  of  the  senate,  to  serve  for  a  term 
of  two  years,  and  until  his  successor  is  appointed  and  qualified,  and  shall 
keep  his  office  in  the  capitol  building  in  Topeka,  Kansas:  Provided,  That 
the  term  of  office  of  the  first  commissioner  appointed  under  the  provisions 
of  this  act,  shall  expire  on  the  second  Monday  in  January,  1915,  or  when 
his  successor  is  appointed  and  qualified :  Provided,  That  upon  the  qualifi- 
cation of  the  commissioner  of  labor  and  industry  appointed  as  provided  by 
this  act,  the  functions  of  the  secretary  and  assistant  secretary  of  the 
state  society  of  labor  and  industry  and  of  state  secretary  of  mine  indus- 
tries as  ex  officio  officers  of  the  state  of  Kansas,  under  the  laws  hereby 
repealed,  shall  cease  and  it  shall  be  their  duty  to  turn  over  to  the  commis- 
sioner of  labor  and  industry  created  by  this  act,  all  books,  papers  and 
property  in  their  possession  belonging  to  the  state  of  Kansas.  [G.  S. 
1915,  §  10414.] 

§  164.  Qualifications  necessary  for  commissioner  of  labor  and  in- 
dustry. No  person  shall  be  eligible  to  hold  the  office  of  commissioner  of 
labor  and  industry  unless  he  shall  have  been  continuously  a  resident  of 
the  state  of  Kansas  for  at  least  five  years  preceding  his  appointment, 
and  have  been  for  at  least  five  years  immediately  preceding  such  appoint- 
ment actively  identified  with  labor  in  this  state,  and  not  be  less  than 
thirty  years  of  age.  [G.  S.  1915,  §  10415.] 

§  165.  Commissioner  of  labor  and  industry  ex  officio  state  factory  in- 
spector, state  mine  inspector  and  director  of  free  employment  bureau; 
powers  and  duties.  The  commissioner  of  labor  and  industry  shall  be  ex 
officio  state  factory  inspector,  state  mine  inspector,  and  director  of  the 
free  employment  bureaus,  and  is  hereby  given  full  jurisdiction  over  and 
control  of  factory,  work  shop  and  mill  inspection,  mine  inspection  and 
the  free  employment  bureau,  and  all  the  duties  now  imposed  by  existing 
laws  upon  the  commissioner  of  the  bureau  of  labor  and  industry  and  state 
factory  inspector,  state  mine  inspector  and  director  of  the  free  employ- 
ment bureau  shall  from  and  after  the  taking  effect  of  this  act,  devolve 
upon  the  commissioner  of  labor  and  industry  appointed  as  herein  pro- 
vided. [G.  S.  1915,  §  10416.] 

§  166.  Commissioner  to  appoint  assistant,  chief  clerk,  statistical  clerk, 
free  employment  bureau  clerk,  stenographer,  two  deputy  factory  inspect- 
ors, inspector  of  fire  escapes  and  places  of  amusement,  five  deputy  mine 
inspectors,  and  special  agents  and  other  assistants;  qualifications  of  in- 
spectors, etc.;  compensation;  person  interested  in  operating  coal  mine  not 
to  act  as  mining  inspector;  persons  related  by  blood  or  marriage  to  com- 
missioner, etc.,  not  to  be  appointed.  The  commissioner  of  labor  and  in- 
dustry shall  appoint  an  assistant  commissioner  who  shall  have  had  at  least 
five  years'  practical  experience  as  a  miner,  particularly  in  coal  mines,  and 
have  been  a  resident  of  the  state  of  Kansas  for  at  least  two  years  imme- 
diately preceding  his  appointment.  The  commissioner  of  labor  and  indus- 

59 


§§  167, 168]  DEPARTMENT  OF  LABOR  AND  INDUSTRY.  [Ch.  14 

try  shall  also  appoint  one  chief  clerk,  one  statistical  clerk,  one  free  em- 
ployment bureau  clerk,  one  stenographer,  two  deputy  state  factory  in- 
spectors one  inspector  whose  duties  shall  be  to  inspect  fire  escapes  and  all 
places  of  amusement  who  shall  have  a  practical  knowledge  of  building 
with  at  least  five  years'  experience  and  five  deputy  state  mine  inspectors, 
and  in  addition  he  may  also  employ  special  agents  and  such  other  assist- 
ants as  may  be  necessary  in  the  discharge  of  his  official 'duties  and  such 
officials  shall  have  been  residents  of  the  state  for  at  least  two  years.  Such 
special  agents  and  other  assistants  shall  be  paid  for  the  services  rendered, 
such  compensation  as  the  commissioner  may  deem  proper,  but  no  such 
agents  or  assistants  shall  be  paid  more  than  four  dollars  per  day  in  addi- 
tion to  necessary  traveling  expenses :  Provided,  That  no  manager  or  agent 
or  mining  engineer  of  any  coal  mine,  or  any  person  interested  in  operat- 
ing any  coal  mine,  shall  at  any  time  act  as  a  mining  inspector  under  this 
act:  Provided  further,  That  no  person  shall  be  appointed  to  any  subordi- 
nate position  by  said  commissioner,  under  the  terms  of  this  act  who  is  re- 
lated by  blood  or  marriage  to  such  commissioner  or  to  any  of  his  principal 
assistants.  [G.  S.  1915,  §  10417.] 

§  167.  Commissioner  to  appoint  a  woman  as  one  deputy  state  factory 
inspector;  duties  of  such  inspector;  qualifications.  The  commissioner  of 
labor  and  industry  shall  appoint  as  one  of  the  deputy  state  factory  in- 
spectors a  woman  who,  under  the  direction  of  the  commissioner  of  labor 
and  industry,  shall  have  charge  of  the  enforcement  of  all  laws  relating  to 
the  health,  sanitary  conditions,  surroundings,  hours  of  labor  and  all  other 
laws  affecting  the  employment  of  female  wage  earners.  Such  woman 
shall  be  a  qualified  elector  of  this  state,  shall  have  had  at  least  two  years' 
actual  experience  along  the  line  of  her  labors  as  prescribed  by  this  act 
and  who  shall  have  been  a  resident  of  the  state  of  Kansas  for  at  least 
two  years  immediately  preceding  such  appointment.  [G.  S.  1915, 
§  10418.] 

§  168.  Salary  of  commissioner  of  labor  and  industry;  salary  of  assist- 
ant, chief  clerk,  statistical  clerk,  stenographers,  deputy  factory  inspect- 
ors, inspector  of  fire  escapes,  etc.,  deputy  mine  inspectors,  free  employ- 
ment bureau  clerk;  traveling  expenses;  clerk  and  stenographer  in  mining 
department;  salaries.  The  commissioner  of  labor  and  industry  shall  re- 
ceive as  salary  the  sum  of  $2500  per  annum,  and  actual  and  necessary 
expenses  incurred  in  the  performance  of  his  duties.  The  assistant  com- 
missioner of  labor  and  industry  shall  receive  as  salary  the  sum  of  $1500 
per  annum,  together  with  his  actual  and  necessary  expense  incurred  in 
the  performance  of  his  duties.  The  chief  clerk  shall  receive  as  salary 
the  sum  of  $1200  per  annum.  The  statistical  clerk  shall  receive  as  salary 
the  sum  of  $1000  per  annum,  and  the  commissioner  shall  be  allowed  to  ap- 
point two  stenographers  who  shall  each  receive  as  salary  the  sum  of  $900 
per  annum.  The  deputy  state  factory  inspectors  shall  receive  as  salary 
the  sum  of  $1200,  each,  per  annum,  and  all  actual  and  necessary  traveling 
expenses.  The  inspector  of  fire  escapes  and  places  of  amusement  shall  re- 
ceive a  salary  of  $1200  per  annum,  and  actual  and  necessary  traveling 
expenses.  The  deputy  state  mine  inspectors  shall  each  receive  as  salary 
the  sum  of  $100  per  month,  with  actual  and  necessary  traveling  expenses. 
The  free  employment  bureau  clerk  shall  receive  a  salary  of  $1000  per 
annum  and  all  actual  and  necessary  traveling  expenses.  The  commis- 
sioner shall  also  appoint  in  the  mining  department  at  Pittsburg  one  clerk 

60 


Ch.  14]  DEPARTMENT  OF  LABOR  AND  INDUSTRY.  [§§  169-173 

at  a  salary  of  $1080  per  annum,  and  one  stenographer  in  the  mining  de- 
partment at  Pittsburg  at  a  salary  of  $720  per  annum.  [G.  S.  1915, 
§  10419,  as  amended  by  Laws  1917,  ch.  1,  §  5;  March  16.] 

§  169.  Appointees  of  commissioner  to  be  under  his  control  and  hold 
office  during  his  pleasure.  All  appointees  made  by  the  commissioner  of 
labor  and  industry  shall  be  under  his  direction  and  control,  and  shall 
hold  their  office  during  his  pleasure.  [G.  S.  1915,  §  10420.] 

§170.  Commissioner,  assistant  commissioner  and  deputies  to  give 
bond  for  faithful  performance  of  duties.  The  commissioner  of  labor  and 
industry,  assistant  commissioner,  deputy  factory  inspectors  and  deputy 
mine  inspectors  shall  give  bond  for  the  faithful  performance  of  their 
duties  in  such  sum  as  the  executive  council  shall  determine.  [G.  S.  1915, 
§  10421.] 

§  171.  Sections  repealed  by  Laws  of  1913,  ch.  217;  repeal  of  acts  in- 
consistent with  preceding  sections.  Sections  5032,  5033,  5034,  5035,  5036, 
5037,  5038,  and  sections  8015,  8016,  8023,  and  8024,  General  Statutes  of 
1909  and  all  laws  and  parts  of  laws  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed.  [G.  S.  1915,  §  10422.] 

LAWS  OF  1898,  CH.  34,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  228. 

§  172.  Duties  of  commissioner;  annual  reports  to  the  governor  to  be 
biennially  transmitted  to  the  legislature ;  matters  to  be  stated  in  reports ; 
laws  to  be  enforced  by  commissioner.  It  shall  be  the  duty  of  the  com- 
missioner to  collect,  assort,  arrange  and  present  in  annual  reports  to  the 
governor,  to  be  by  him  biennially  transmitted  to  the  legislature,  statis- 
tical details  relating  to  all  departments  of  labor  and  industrial  pursuits 
in  the  state;  to  the  subjects  of  cooperation,  strikes  and  other  labor 
difficulties;  to  trade  unions  and  other  labor  organizations  and  their  effect 
upon  labor  and  capital;  to  other  matters  relating  to  the  commercial, 
industrial,  social,  educational,  moral  and  sanitary  conditions  prevailing 
within  the  state;  and  the  exploitation  of  such  other  subjects  as  will  tend 
to  promote  the  permanent  prosperity  of  the  respective  industries  of  the 
state.  It  shall  also  be  the  duty  of  the  commissioner  of  the  bureau  to 
cause  to  be  enforced  all  laws  regulating  the  employment  of  children, 
minors,  and  women;  all  laws  established  for  the  protection  of  health, 
lives  and  limbs  of  operators  in  workshops  and  factories,  on  railroads, 
and  other  places;  and  all  laws  enacted  for  the  protection  of  the  working 
classes  now  in  force  or  that  may  hereafter  be  enacted.  In  its  annual 
report  the  bureau  shall  also  give  an  account  of  all  proceedings  which 
have  been  taken  in  accordance  with  the  provisions  of  this  act,  or  any  of 
the  other  laws  herein  referred  to,  and  in  addition  thereto  such  remarks, 
suggestions  and  recommendations  as  the  commissioner  may  deem  neces- 
sary for  the  information  of  the  legislature.  [G.  S.  1915,  §  10423.] 

Laws  1898,  ch.   34,   §§  1-2,  were  repealed  by  Laws  1913.   ch.  217,    §  9,  printed  as 
§  171,  supra. 

§173.  Commissioner  may  require  answers  to  interrogatories  by  per- 
son, company  or  officer  of  corporation;  seal;  testimony,  oaths,  etc.;  fees 
of  witnesses  testifying  before  commissioner ;  penalty  for  failure  to  appear 
as  witness,  give  testimony,  answer  interrogatories,  etc.;  witnesses  not 
compelled  to  go  outside  of  county;  information  deemed  confidential; 
penalty  for  violation  of  foregoing  provision.  The  commissioner  is  hereby 
authorized  to  furnish  and  deliver  a  written  or  printed  list  of  interroga- 

61 


§  174]  DEPARTMENT  OF  LABOR  AND  INDUSTRY.  [Ch.  14 

tories  to  any  person,  company,  or  the  proper  officer  of  any  corporation 
operating  within  the  state,  and  require  full  and  complete  answers  to  be 
made  thereto,  and  returned  under  oath.  The  commissioner  shall  have 
a  seal,  and  have  power  to  take  and  preserve  testimony,  to  issue  subpoenas 
and  administer  oaths,  and  examine  witnesses  under  oath  in  all  matters 
relating  to  the  duties  herein  required  by  said  bureau,  such  testimony  to 
be  taken  in  some  suitable  place  in  the  vicinity  to  which  the  testimony 
is  aplicable.  Witnesses  subpoenaed  and  testifying  before  the  commis- 
sioner of  said  bureau  shall  be  paid  the  same  fees  as  witnesses  before  the 
district  court;  such  payment  to  be  made  from  the  incidental  fund  of  the 
bureau.  Any  person  duly  subpoenaed  under  the  provisions  of  this  act 
who  shall  willfully  neglect  or  refuse  to  attend,  or  refuse  to  answer  any 
question  propounded,  to  him  concerning  the  subject  of  such  examination 
as  provided  in  this  act,  or  if  any  person  to  whom  a  written  or  printed  list 
of  interrogatories  has  been  furnished  by  said  commissioner  shall  neglect 
or  refuse  to  answer  and  return  the  same  under  oath,  such  person  or 
persons  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  complaint 
of  the  commissioner  before  a  court  of  competent  jurisdiction,  and  upon 
conviction  thereof,  such  person  or  persons  shall  be  fined  in  a  sum  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  ninety  days,  or  by  both 
such  fine  and  imprisonment:  Provided,  however,  That  no  witness  shall 
be  compelled  to  go  outside  of  the  county  in  which  he  resides  to  testify. 
In  the  report  of  said  bureau  no  use  shall  be  made  of  the  names  of  in- 
dividuals, firms  or  corporations  supplying  the  information  called  for  by 
this  act,  unless  by  written  permission,  such  information  being  deemed 
confidential  and  not  for  the  purpose  of  disclosing  personal  affairs;  and 
any  officer,  agent  or  employee  of  the  bureau  violating  this  provision 
shall  forfeit  a  sum  not  exceeding  five  hundred  dollars,  or  be  imprisoned 
not  more  than  one  year.  [G.  S.  1915,  §  10424.] 

Concerning  reporting  of  accidents,  by  employers,  see  §  11,  ante,  and  note. 

§174.  Commissioner,  deputies,  assistants  and  special  agents  may 
enter  any  factory  or  mill,  workshop,  etc.,  to  gather  statistics  and  examine 
methods  and  conditions;  finding  of  conditions  injurious  or  dangerous  to 
employees,  etc.;  notice  to  owner,  etc.,  to  provide  safeguards,  make  alter- 
ations or  additions;  duty  to  comply  with  notice  and  notify  commissioner; 
failure  to  comply  with  notice;  misdemeanor;  prosecution;  penalty;  safe- 
guards not  to  be  removed  except  to  make  immediate  repairs;  replaced 
before  operating  machine;  requiring  or  permitting  injurious  operation  of 
machine,  etc.,  or  continuing  dangerous  method  of  operation  when  pro- 
hibited by  commissioner  or  deputy ;  misdemeanor ;  penalty ;  employee,  etc., 
operating  machine,  etc.,  without  having  safeguard  in  place ;  misdemeanor ; 
orders  and  findings  of  commissioner  to  be  reasonable;  actions  to  vacate 
and  set  aside  orders,  etc.;  time  for  bringing  action;  precedence  over  other 
actions.  Further  Powers.  The  commissioner  of  labor  and  industry  as 
state  factory  inspector,  his  deputies,  assistants  and  special  agents,  shall 
have  power  to  enter  any  factory  or  mill,  workshop,  private  works  or 
state  institution  having  shops  or  factories,  mercantile  establishment, 
laundry  or  any  other  place  of  business  where  and  when  labor  is  being 
performed,  when  the  same  are  open  or  in  operation,  for  the  purpose  of 
gathering  facts  and  statistics  such  as  are  contemplated  by  this  act,  and 
to  examine  into  the  methods  of  protection  from  danger  to  employees 
and  th-3  sanitary  conditions  in  and  around  such  buildings  and  places  and 


Oh.  14]  DEPARTMENT  OF  LABOR  AND  INDUSTRY. [§174 

to  keep  a  record  thereof  of  such  inspection.     If  it  shall  be  found  upon 
such   investigation   that   the   heating,   lighting,   ventilation   or   sanitary 
arrangement  of  any  such  establishment  or  place  is  such  as  to  be  injurious 
to  the  health  of  persons  employed  or  residing  therein,  or  that  the  means 
of  egress  in  case  of  fire  or  other  disaster  are  not  sufficient,  or  that  the 
belting,   shafting,   gearing,   elevators,  drums,  saws,  cogs  or  machinery, 
in  any  such  establishment  or  place  are  so  located,  or  are  in  a  condition 
so  as  to  be  dangerous,  or  are  not  sufficiently  guarded,  or  that  the  vats, 
pans  or  any  other  structures  filled  with  molten  metal  or  hot  liquid  are 
not  surrounded  with  proper  safeguards  for  preventing  accidents  or  .in- 
jury to  those  employed  at,  or  near  them,  or  that  the  construction  or  con- 
dition of  any  building  or  buildings,  or  any  boiler,  machinery  or  other  ap- 
purtenance in  or  about  any  place  as  described  in  this  section  is  such  as 
to  be  dangerous  or  injurious  to  the  persons  employed  or  residing  therein, 
or  that  the  methods  of  operation  are  such  as  to  be  unnecessarily  danger- 
ous or  injurious  to  the  persons  employed  or  residing  therein,  or  that  any 
other  condition   which  is  within   the  control   of  the   owner,   proprietor, 
agent  or  lessee  of  any  such  .building,  establishment  or  place  be  found  to 
be  dangerous  or  injurious  to  any  persons  employed  therein  or  to  any  other 
person  or  persons,  the  officer  making  such  inspection  shall  notify  in  writ- 
ing the  owner,  proprietor,  agent,  or  lessee  of  such  building,  establishment, 
or  place,  to  provide  such  safeguards  or  safety  devices,  or  to  make  such 
alterations  or  additions  or  to  make  the  changes  in  methods  of  operation 
by  him  deemed  necessary  for  the  safety  and  protection  of  the  employees 
or  other  persons  endangered  by  such  conditions,  and  it  shall  be  the  duty 
of  the  person  or  persons  receiving  such  notice  to  use  all  proper  diligence 
to  comply  with  the  recommendations  contained  in  said  notice,  and  immedi- 
ately upon  completion  thereof  to  mail  or  deliver  a  written  notice  to  the 
commissioner  of  labor  at  Topeka,  Kansas,  stating  that  said  safeguards 
or  safety  devices  have  been  provided  or  that  said  alterations  or  addi- 
tions or  changes  in  methods  of  operation  have  been  fully  made,  and  if 
such  safeguards  or  safety  devices  are  not  provided,  or  said  alterations 
or  additions,  or  changes  in  methods  of  operation  are  not  made,  and  the 
commissioner  of  labor  notified  thereof,  as  provided  herein,  within  thirty 
days,  or  within  such  time  as  such  safeguards  or  safety  devices  can  be  pro- 
vided or  said  alterations  or  additions  or  said  changes  in  methods  of  opera- 
tion can  be  made,  and  the  commissioner  of  labor  notified  thereof,  with 
proper  diligence  upon  the  part  of  such  owner,  proprietor,  agent  or  lessee, 
said  owner,  proprietor,  agent  or  lessee  so  notified  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  complaint  of  the  commissioner  of  labor,  as 
state  factory  inspector,  or  his  deputy  or  special  agent,  before  a  court  of 
competent  jurisdiction,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred  dol- 
lars, or  by  imprisonment  not  more  than  ninety  days,  or  by  both  such  fine, 
and  imprisonment.    No  person,  firm  or  corporation,  nor  any  officer,  agent 
or  employee  thereof,   shall  remove  or  require  to  be  removed,  or  made 
ineffective  any  practical  safeguard  around  or  safety  attachment  to  any 
machinery,  vats,  pan,  or  other  apparatus  or  device  mentioned  in  this 
section  while  the  same  is  in  use,  except  for  the  purpose  of  immediately 
making  repairs  thereto,  and  all  safeguards  or  safety  attachments  so  re- 
moved shall  be  promptly  replaced  before  the  said  dangerous  machine,  ap- 
paratus or  device  is  put  into  use  or  operation,  and  any  person,  firm,  or 
corporation,  or  any  officer,  agent  or  employee  thereof  who  shall  require 

63 


§  175]  DEPARTMENT  OF  LABOR  AND  INDUSTRY.  [Ch.  14 

or  permit  such  unnecessarily  dangerous  machine,  apparatus  or  device 
under  his  or  their  control  to  be  used  or  operated  without  said  safeguard 
being  in  proper  place  and  condition  for  the  safety  and  protection  of  the 
operator  or  other  person  or  persons,  or  who  shall  require  or  permit  the 
continuance  of  such  unnecessarily  dangerous  or  injurious  method  of 
operation  which  has  been  prohibited  by  the  commissioner  of  labor  or  his 
deputy  by  written  recommendation,  as  provided  in  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  $25  nor  more  than  $100  and  each  day  of  continued 
violation  of  this  provision  shall  constitute  a  separate  offense.  Any  em- 
ployee or  any  other  person  who  shall  operate  any  dangerous  machine, 
apparatus  or  device  for  which  a  practical  safeguard  or  safety  attachment 
is  provided,  and  of  which  said  person  or  persons  have  knowledge,  with- 
out such  safeguard  or  safety  attachment  being  in  proper  place  for  the 
protection  of  such  employee  or  other  persons,  shall  be  deemed  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  in  a  sum  not 
less  than  five  dollars  nor  more  than  twenty-five  dollars,  or  by  imprison- 
ment not  exceeding  thirty  (30)  days  or  by  both  such  fine  and  imprison- 
ment: Provided  further,  That  all  orders  and  findings  of  the  commissioner 
of  labor  and  industry  under  this  act  shall  be  reasonable.  Any  person, 
company  or  corporation  dissatisfied  with  an  order  of  the  commissioner 
of  labor  and  industry  under  this  act  may,  within  thirty  days  after  the 
same  is  made  and  promulgated,  commence  an  action  in  any  court  of 
competent  jurisdiction  against  the  commissioner  of  labor  and  industry 
as  defendant,  to  vacate  and  set  aside  any  such  order,  finding  or  decision 
of  the  commissioner  of  labor  and  industry,  on  the  ground  that  such  order, 
finding  and  decision  is  unlawful  or  unreasonable.  Actions  brought  under 
this  section  shall  have  precedence  in  any  court,  and  on  motion  shall  be 
advanced  over  any  civil  cause  of  a  different  nature  pending  in  such 
court,  and  such  action  shall  be  tried  and  determined  as  other  civil  actions. 
[G.  S.  1915,  §  10425,  as  amended  by  Laws  1917,  ch.  228,  §  1;  March  26.] 
§  175.  Meanings  of  expressions  used  in  this  act  and  as  used  in  other 
laws  relating  to  employment  of  labor;  "person";  "children";  "minor"; 
"women";  "factory";  "workshop";  exercise  of  manual  labor  in  private 
house,  etc.  The  following  expressions  used  in  this  act  shall  have  the  fol- 
lowing meanings:  The  expression  "person"  means  an  individual,  cor- 
poration, partnership,  company,  or  association.  The  expression  "chil- 
dren" means  minor  persons  under  the  age  of  fourteen  years.  The  ex- 
pression "minor"  means  a  male  person  under  the  age  of  twenty-one  years, 
or  a  female  person  under  the  age  of  eighteen  years.  The  expression 
"women"  means  female  persons  of  eighteen  years  of  age  and  upward. 
The  expression  "factory"  means  any  premises  where  steam,  water  or 
other  mechanical  power  is  used  in  aid  of  any  manufacturing  process  there 
carried  on.  The  expression  "workshop"  means  any  premises,  room,  or 
place,  not  being  a  factory  as  above  defined,  wherein  any  manual  labor  is 
exercised  by  way  of  trade,  or  for  the  purpose  of  gain  in  or  incidental  to 
any  process  of  making,  altering,  repairing,  ornamenting,  finishing  or 
adapting  for  sale  any  article  or  part  of  an  article,  and  to  which  or  over 
which  premises,  room  or  place  the  employer  of  the  person  or  persons 
working  therein  has  the  right  of  access  or  control:  Provided,  however, 
That  the  exercise  of  such  manual  labor  in  a  private  house,  or  a  private 
room,  by  the  family  dwelling  therein,  or  by  any  of  them,  or  in  case  a 
majority  of  persons  therein  employed  are  members  of  such  family,  shall 

64 


Ch.  14]  DEPARTMENT  OF  LABOR  AND  INDUSTRY.  [§§  176-180 

not  of  itself  constitute  such  house  or  room  a  workshop  within  this  defini- 
tion. The  aforesaid  expressions  shall  have  the  meanings  above  defined 
for  them  respectively  in  all  laws  of  this  state  relating  to  the  employment 
of  labor,  unless  a  different  meaning  is  plainly  required  by  the  context. 
[G.  S.  1915,  §  10426.] 

Definitions   here    given    not    applicable   to   construction   of   factory    act.      Raines    v.    Stone, 
*7  K.  116. 

§176.  State,  county,  township  and  city  officers  to  furnish  statistical 
or  other  information  to  commissioner.  All  state,  county,  township  and 
city  officers  are  hereby  directed  to  furnish  said  commissioner,  upon  his 
request,  such  statistical  or  other  information  contemplated  by  this  act  as 
shall  be  in  their  possession  as  such  officers.  [G.  S.  1915,  §  10427.] 

'§  177.  Printing  of  annual  reports  of  bureau  of  labor;  number  of  copies 
to  be  printed  and  distributed;  size  of  report;  blanks  and  stationery  to  be 
furnished  by  secretary  of  state  and  paid  for  from  printing  fund.  The  an- 
nual reports  of  the  bureau  of  labor  and  industry  provided  for  in  this  act 
shall  be  printed  in  the  same  manner  and  under  the  same  regulations  as  the 
reports  o/  the  executive  officers  of  the  state :  Provided,  Not  less  than  three 
thousand  nor  more  than  ten  thousand  copies  of  the  report  shall  be  printed 
and  distributed  annually,  as  the  judgment  of  the  commissioner  may  deem 
best:  And  provided  further,  That  said  report  shall  not  contain  more  than 
six  hundred  pages.  The  blanks  and  other  stationery  required  in  accord- 
ance with  the  provisions  of  this  act  shall  be  furnished  by  the  secretary 
of  state  upon  the  requisition  of  the  commissioner  of  said  bureau,  and  paid 
for  from  the  printing  fund  of  the  state.  [G.  S.  1915,  §  10428.] 

Laws  1898,  eh.  34,   §§  9-10,  were  repealed  by  Laws  1913,  ch.  217.    -J  9.  printed  a& 
§  171,  ante. 

§  1 78.  Repeal  of  Laws  of  1885,  ch.  188,  and  laws  inconsistent  with  pre- 
ceding sections.  Chapter  188  of  the  Laws  of  1885,  and  all  other  acts  or 
parts  of  acts  inconsistent  with  the  provisions  of  this  act,  are  hereby  re- 
pealed. [G.  S.  1915,  §  10429.] 

LAWS  OF  1905,  CH.  279. 

§  179.  Commissioner  of  labor  to  publish  annual  report  of  department; 
information  and  matter  contained  in  report.  That  the  commissioner  of 
labor  is  hereby  authorized  and  required  to  publish  annually  a  report  of 
his  department,  and  said  report  shall  contain  the  information  and  matter 
required  by  law  for  the  full  period  since  his  last  report.  [G.  S.  1915, 
§  10430.] 

§  180.  Repeal  of  so  much  of  Laws  of  1901,  ch.  293,  as  relates  to  report 
of  commissioner  of  labor.  That  so  much  of  chapter  293  of  the  Session 
Laws  of  1901  as  relates  to  the  report  of  the  commissioner  of  labor,  and 
all  acts  or  parts  of  acts  in  conflict  herewith,  are  hereby  repealed.  [G.  S. 
1915,  §  10431.] 

Laws  of  1901,  ch.  293,  is  section  10898  of  the  General  Statutes  of  1915. 


5_Labor— 1725 


§§  181-183] 


ELECTIONS. 


[Ch.  15 


CHAPTER  15.— ELECTIONS. 


§181.  Employees  to  have  two  hours  in 
which  to  vote;  application  for 
leave  of  absence;  penalty  for  re- 
fusing to  employee  such  time  to 
vote  or  attempting  to  influence 
vote  of  employee. 

182.  Unlawful  to  pay  person,  firm  or  cor- 

poration  to   convey   voters   to   poll- 
ing place  or  place  of  registration. 

183.  Unlawful    for    person,    firm    or    cor- 

poration  to   accept   employment  or 
compensation    for  purpose   of   con- 


veying electors  to  polling  pla«e  or 
place  of  registration,  or  to  drive 
or  be  in  charge  of  vehicles  being 
so  used. 

§184.  Penalty  for  violation  of  two  preced- 
ing sections;  conveying  of  each 
elector  shall  constitute  a  separate 
offense. 

185.  Hours  of  voting  at  all  elections; 
cities  of  first  and  second  class; 
precincts  outside  incorporated 
cities. 


PART  OF  LAWS  or  1897,  CH.  129. 

§.181.  Employees  to  have  two  hours  in  which  to  vote;  application  for 
leave  of  absence;  penalty  for  refusing  to  employee  such  time  to  vote  or 
attempting  to  influence  vote  of  employee.  Any  person  entitled  to  vote  at 
a  general  election  in  this  state  shall,  on  the  day  of  such  election,  be  en- 
titled to  absent  himself  from  any  service  or  employment  in  which  he  is 
then  engaged  or  employed  for  a  period  of  two  hours  between  the*  time  of 
opening  and  closing  the  polls,  and  such  voter  shall  not  because  of  so 
absenting  himself  be  liable  to  any  penalty,  nor  shall  deduction  be  made, 
on  account  of  such  absence,  from  his  usual  salary  or  wages:  Provided, 
however,  That  application  for  such  leave  of  absence  shall  be  made  prior 
to  the  day  of  election.  The  employer  may  specify  the  hours  during  which 
said  employee  may  absent  himself  as  aforesaid.  Any  person  or  corpora- 
tion who  shall  refuse  to  an  employee  the  privilege  hereby  conferred,  or 
shall  subject  an  employee  to  a  penalty  or  deduction  of  wages  because  of 
the  exercise  of  such  privileges,  or  who  shall  in  any  manner  attempt  to  in- 
fluence or  control  such  voter  as  to  how  he  shall  vote,  by  offering  any  re- 
ward, or  by  threatening  his  discharge  from  employment,  or  otherwise  in- 
timidating him  from  a  full  and  free  exercise  of  his  right  to  vote,  or  shall 
directly  or  indirectly  violate  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  be  fined  in  any  sum  not  less  than  fifty  dol- 
lars nor  more  than  one  hundred  dollars.  [G.  S.  1915,  §  4219.] 

LAWS  OF  1915,  CH.  213. 

AN  ACT  in  relation  to  elections  and  prescribing  penalty  for  the  violation  of  the 
provisions  thereof. 

§  182.  Unlawful  to  pay  person,  firm  or  corporation  to  convey  voters 
to  polling  place  or  place  of  registration.  That  it  shall  be  unlawful  for 
any  candidate  for  any  public  office  or  for  any  officer  or  member  of  any 
state,  district,  county,  city,  ward  or  township  committee,  or  of  any  club, 
organization  or  association  designed  to  promote,  or  engaged  in  promoting 
the  success  or  defeat  of  any  party,  or  the  election  or  defeat  of  any  candi- 
date for  public  office,  or  the  carrying  or  defeat  of  any  measure,  to  di- 
rectly or  indirectly  employ  or  pay  or  furnish  money  for  the  purpose  of 
employing  or  paying  any  person,  firm  or  corporation  to  convey  in  hacks, 
carriages,  automobiles  or  other  conveyances  any  voter  or  voters  to  any 
polling  place  at  any  primary,  general  or  other  election,  or  for  conveying 
any  person  to  any  place  of  registration  for  the  purpose  of  having  such 
voter  registered.  [G.  S.  1915,  §  4352.] 

§  183.  Unlawful  for  person,  firm  or  corporation  to  accept  employment 
or  compensation  for  purpose  of  conveying  electors  to  polling  place  or 

66 


Cte.  16] 


EMPLOYMENT  OFFICES  AND  AGENCIES. 


[§§  184, 185 


place  of  registration,  or  to  drive  or  be  in  charge  of  vehicles  being  so 
used.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation  to  accept 
any  employment  or  compensation  from  any  candidate,  club,  or  organiza- 
tion, or  officer  or  member  thereof,  as  referred  to  in  section  1  hereof,  for 
the  purpose  of  conveying  in  any  hack,  carriage,  automobile  or  other  ve- 
hicle, any  elector  to  any  polling  or  registration  place  in  this  state  for 
the  purpose  of  voting  or  being  registered,  or  to  drive  or  be  in  charge  of 
any  hack,  automobile  or  other  vehicle  being  so  used.  [G.  S.  1915,  §  4353.] 
§  184.  Penalty  for  violation  of  two  preceding  sections;  conveying  of 
each  elector  shall  constitute  a  separate  offense.  Any  person  violating  the 
terms  of  this  act  shall  upon  conviction  be  deemed  guilty  of  a  misdemeanor 
and  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days,  or  by  both  such  fine  and  imprisonment,  and  the  conveying  of 
each  and  every  elector  so  conveyed  to  any  such  polling  or  registration 
place  shall  constitute  a  separate  offense.  [G.  S.  1915,  §  4354.] 

LAWS  OF  1909,  CH.  141,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  182. 

AN   ACT  fixing  the  hours  of  voting  in  all  elections,    and  repealing  section   4234  of  the 
General  Statutes  of  1915. 

§  185.  Hours  of  voting  at  all  elections;  cities  of  first  and  second  class; 
precincts  outside  incorporated  cities.  That  the  hours  of  voting  at  all  gen- 
eral elections,  primary  elections,  city  elections  and  special  elections  shall 
be  from  8  o'clock  in  the  morning  until  6  o'clock  at  night,  except  in  cities 
of  the  first  and  second  class,  in  which  the  hours  of  voting  shall  be  from 
6  o'clock  in  the  morning  until  7  o'clock  in  the  evening:  Provided,  how- 
ever, That  before  the  hours  last  herein  stated  shall  be  operative  in  any 
cities  of  the  second  class,  the  governing  body  of  said  cities  shall  have 
provided  for  such  hours  by  ordinance  duly  passed  and  published:  Pro- 
vided, That  the  hour  for  the  opening  of  the  polls  of  any  precinct  lying 
outside  of  any  incorporated  city  in  this  state  may  be  fixed  at  an  hour  not 
earlier  than  6  o'clock  in  the  morning,  by  order  of  the  county  commis- 
sioners, upon  the  written  application  of  the  township  board  wherein  said 
precinct  is  located.  [G.  S.  1915,  §  4234,  as  amended  by  Laws  1917,  ch. 
182,  §1;  Feb.  26.] 


CHAPTER  16.— EMPLOYMENT  OFFICES 
AND  AGENCIES.* 


§l;-6.  Employment  agency  not  to  be  con- 
ducted or  fee  or  commission 
charged  for  obtaining  employment, 
without  obtaining  license  from  di- 
rector of  state  free  employment 
bureau ;  fee  for  such  license ;  mat- 
ters to  be  designated  in  such  li- 
cense; license  and  copy  of  act  to 
be  posted  in  each  such  agency. 

187.  Date  of  termination  of  such  licenses ; 

payment    for    fractional    part    of 
year. 

188.  Bond   to  be   required    with    each   ap- 

plication for  such  license;   amount 
and  conditions  of  such  bond. 


§189.  Director  authorized  to  commence  ac- 
tion on  such  bond  by  filing  com- 
plaint with  proper  prosecuting  of- 
ficer. 

190.  Revocation  of  license  by  director  for 

violation  of  act;  written  com- 
plaint ;  hearing  of  case. 

191.  Register  to  be  kept  by  each  licensed 

agency;  entries  to  be  made  in 
such  register;  register  to  be  kept 
open  to  inspection  of  director, 
deputies,  etc. 


See,  also,  Ch.  19 — Free  Employment  Bureau  and  Free  Employment  Agencies. 


67 


§§  186-189]           EMPLOYMENT  OFFICES  AND  AGENCIES.                   [Ch.  IS 

§192. 
193. 

Amount  of  registration  fee  that  may 
b<>  charged   by  licensed  agency  on 
filing    application    for    employment 
or    help  ;    duplicate    receipt    to    be 
given  ;    contents    of    such    receipt  ; 
fee   to   be   returned   on   demand   if 
employment    or    situation    not    ob- 
tained" within  three  days. 
Licensed      agency      not      to     publish 
false     notices     or     advertisements, 
give  false   information,   make  false 
promises  or   make   false  entries   in 
register. 

§194.    Duty    of    director,    deputies,    etc.,    t« 
file    complaint    when    informed    of 
violation    of    act  ;    duty    of    official 
to    institute    criminal    proceedings. 
195.   Penalty    for    violation    of    any   of   the 
provisions   of  this   act. 
196.   Moneys    received    by     director    from 
fees    to    be    accounted    for    by    him 
and   to  become   part   of   state   gen- 
eral fund. 
197.   Free    employment    bureaus    not    sub- 
ject to  provisions  of  this  act. 

LAWS  OF  1911,  CH.  187. 

AN  ACT  relating  to  employment  offices  and  agencies  operated  to  furnish  employers  with 
persons  to  be  engaged  in  manual  labor,  clerical,  industrial,  commercial,  or  business 
pursuits,  and  to  secure  employment  for  such  described  persons;  prescribing  penalties 
for  the  violation  of  this  act. 

§  186.  Employment  agency  not  to  be  conducted  or  fee  or  commission 
charged  for  obtaining  employment,  without  obtaining  license  from  di- 
rector of  state  free  employment  bureau;  fee  for  such  license;  matters  to 
be  designated  in  such  license ;  license  and  copy  of  act  to  be  posted  in  each 
such  agency.  That  no  person,  firm  or  corporation  of  this  state  shall  open, 
operate  and  maintain  an  employment  agency  or  office  to  furnish  to  em- 
ployers persons  seeking  to  be  engaged  in  manual  labor,  clerical,  indus- 
trial, commercial  or  business  pursuits,  and  to  secure  employment  for  such 
described  persons  or  where  a  fee,  commission  or  other  consideration  is 
charged  to  or  exacted  or  received  from  either  applicants  for  employment 
or  for  help,  without  first  obtaining  a  license  for  the  same  from  the  di- 
rector of  the  state  free  employment  bureau.  The  uniform  fee  for  such 
license  in  cities  of  20,000  inhabitants  and  over  shall  be  twenty-five  dollars 
per  annum,  and,  in  cities  containing  less  than  20,000  inhabitants,  ten 
dollars  per  annum.  Every  license  shall  contain  a  designation  of  the  city, 
street  and  number  of  the  building  in  which  the  licensed  party  conducts 
such  employment  agency.  The  license  together  with  a  copy  of  this  act 
shall  be  posted  in  a  conspicuous  place  in  each  and  every  employment 
agency.  [G.  S.  1915,  §  5858.] 

Commissioner  of  labor  and  industry  is  ex  officio  director  of  free  employment  bureau, 
see  §  165,  ante. 

§  187.  Date  of  termination  of  such  licenses;  payment  for  fractional 
part  of  year.  All  licenses  issued  after  this  act  takes  effect  shall  termi- 
nate on  the  31st  day  of  December  of  each  year,  and  shall  be  paid  for  at 
the  rate  established  in  this  act:  Provided,  however,  That  no  license  for 
any  fractional  part  of  the  year  shall  be  issued  for  any  sum  less  than  one- 
third  of  the  full  annual  rate,  and  that  fractional  months  shall  be  counted 
as  full  months  in  every  case.  [G.  S.  1915,  §  5859.] 

§188.  Bond  to  be  required  with  each  application  for  such  license; 
amount  and  conditions  of  such  bond.  That  the  director  of  the  state  free 
employment  bureau  shall  require  with  each  application  for  a  license  a 
bond  in  the  penal  sum  of  five  hundred  dollars  with  one  or  more  sureties 
to  be  approved  by  said  director,  and  conditioned  that  the  obligors  will  not 
violate  any  of  the  duties,  terms,  conditions,  provisions  or  requirements 
of  this  act.  [G.  S.  1915,  §  5860.] 

§  189.  Director  authorized  to  commence  action  on  such  bond  by  filing 
complaint  with  proper  prosecuting  officer.  That  the  said  director  is  au- 
thorized to  commence  action  or  actions  on  said  bond  or  bonds  in  the 


Ch.  16]  EMPLOYMENT  OFFICES  AND  AGENCIES.  [§§  190-194 

name  of  the  state  of  Kansas,  by  filing  complaint  with  the  attorney- 
general  or  other  proper  prosecuting  officer  of  any  violations  of  its  con- 
ditions. [G.  S.  1915,  §  5861.] 

§  190.  Revocation  of  license  by  director  for  violation  of  act;  written 
complaint;  hearing  of  case.  That  the  said  director  is  also  authorized  to 
revoke  any  license,  whenever  in  his  judgment,  the  party  licensed  shall 
have  violated  any  of  the  provisions  of  this  act:  Provided,  Written 
complaint  shall  have  been  filed  with  him  and  he  shall  have  given  the  case 
full  and  fair  hearing.  [G.  S.  1915,  §  5862.] 

§  191.  Register  to  be  kept  by  each  licensed  agency;  entries  to  be  made 
in  such  register;  register  to  be  kept  open  to  inspection  of  director,  depu- 
ties, etc.  That  it  shall  be  the  duty  of  every  licensed  agency  to  keep  a 
register  in  which  shall  be  entered  the  name  and  address  of  every  person 
who  shall  make  application  for  help  or  servants,  and  the  name  and 
nature  of  such  employment  for  which  such  help  shall  be  wanted.  Such 
register  shall,  at  all  reasonable  hours  be  kept  open  to  the  inspection  and 
examination  of  the  director  of  the  state  free  employment  bureau  and 
his  agents,  deputies  or  assistants.  [G.  S.  1915,  §  5863.] 

§  192.  Amount  of  registration  fee  that  may  be  charged  by  licensed 
agency  on  filing  application  for  employment  or  help;  duplicate  receipt  to 
be  given;  contents  of  such  receipt;  fee  to  be  returned  on  demand  if  em- 
ployment or  situation  not  obtained  within  three  days.  That  where  a 
registration  fee  is  charged  for  receiving  or  filing  applications  for  em- 
ployment or  help,  said  fee  shall  in  no  case,  exceed  the  sum  of  one  dollar, 
unless  the  salary  or  wages  shall  be  more  than  three  dollars  per  day, 
in  which  case  a  fee  of  not  more  than  two  dollars  may  be  charged,  for 
which  a  duplicate  receipt  shall  be  given,  (one  copy  to  be  kept  by  the 
employee  and  the  other  for  the  employer)  in  which  shall  be  stated  the 
name  and  address  of  the  applicant,  the  date  of  such  application,  the 
amount  of  the  fee,  and  the  nature  of  the  work  to  be  done  or  the  situation 
to  be  procured.  In  case  the  said  applicant  shall  not  obtain  a  situation  or 
employment  through  such  licensed  agency  within  three  days  after  regis- 
tration as  aforesaid,  then  said  licensed  agency  shall  forthwith  repay  and 
return  to  such  applicant,  upon  demand  being  made  therefor,  the  full 
amount  of  the  fee  paid  or  delivered  by  said  applicant  to  such  licensed 
agency.  [G.  S.  1915,  §  5864.] 

§  193.  Licensed  agency  not  to  publish  false  notices  or  advertisements, 
give  false  information,  make  false  promises  or  make  false  entries  in  regis- 
ter. That  any  licensed  agency  shall  not  publish  or  cause  to  be  published 
any  false  or  fraudulent  notice  or  advertisement,  or  give  any  false  infor- 
mation or  make  any  false  promise  concerning  or  relating  to  work  or 
employment  to  any  one  who  shall  apply  for  employment,  and  no  licensed 
agency  shall  make  false  entries  in  the  register  to  be  kept  as  herein 
provided.  [G.  S.  1915,  §  5865.] 

§  194.  Duty  of  director,  deputies,  etc.,  to  file  complaint  when  informed 
of  violation  of  act;  duty  of  official  to  institute  criminal  proceedings.  That 
it  shall  be  the  duty  of  the  director  of  the  state  free  employment  bureau, 
or  his  deputies,  agents  or  assistants,  when  informed  of  any  violation  of 
this  act.  to  file  a  complaint  of  such  violation  with  the  attorney-general  or 
with  the  county  attorney  of  the  county  in  which  such  violation  is  alleged 
to  have  occurred  and  it  shall  be  the  duty  of  the  official  informed  to  insti- 
tute criminal  proceedings  for  the  enforcement  of  the  penalties.  [G.  S. 
1915,  §  5866.] 


§§  195-197] 


EXPLOSIVES,  STORAGE,  HANDLING,  ETC. 


[Oh.  17 


§  195.    Penalty  for  violation  of  any  of  the  provisions  of  this  act.    That 

any  person  convicted  of  a  violation  of  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars  for  each  offense,  or  be 
imprisoned  in  the  county  jail  for  a  period  of  not  exceeding  six  months, 
or  both  such  fine  and  imprisonment  as  the  court  may  direct.  [G.  S.  1915, 
§  5867.] 

§  196.  Moneys  received  by  director  from  fees  to  be  accounted  for  by 
him  and  to  become  part  of  state  general  fund.  That  all  money  or  moneys 
received  from  fees  under  this  act,  shall  be  accounted  for  by  the  director 
of  the  state  free  employment  bureau,  and  by  him  turned  over  to  the  state 
treasurer  to  become  a  part  of  the  state  general  fund,  said  director  to 
take  the  state  treasurer's  receipt  for  same.  [G.  S.  1915,  §  5868.] 

§  197.  Free  employment  bureaus  not  subject  to  provisions  of  this  act. 
That  free  employment  bureaus  now  organized  or  established,  or  which 
may  hereafter  be  organized  or  established  in  this  state  by  the  director  of 
the  state  free  employment  bureau  or  by  charitable  organizations  shall  not 
be  subject  to  the  provisions  of  this  act.  [G.  S.  1915,  §  5869.] 


CHAPTER  17.— EXPLOSIVES,  STORAGE, 
HANDLING,  ETC.*f 


§198. 

199. 
200. 

Record  of  sale,  etc.,   of  explosives  to 
be    kept;    what    record    shall    con- 
tain;  record  to  be  signed  by  per- 
son,    etc.,     receiving     such     explo- 
sives;  record   to   be  preserved   for 
one  year;    record   open   to   inspec- 
tion of  certain  officers  ;   act  not  to 
apply    to    black    or    blasting    and 
gun  powder. 
Explosives     not     to    be    sold,     given 
away,   etc.,   to   intoxicated  or   irre- 
sponsible  person;    negligent    hand- 
ling or  exposing  of  explosives. 
Having      explosives      in      possession 
without     having     executed     receipt 

deemed    violation    of    act    m    tike 
manner  as  disposing  of  same  with- 
out   taking    receipt    and     making 
record. 
§201.   Location     of     magazines     or     storage 
houses    in    which    explosives    shall 
be  kept  for  sale  or  storage;  quan- 
tity     of      explosives  ;      storing      of 
nitroglycerine. 
202.   Explosives     mentioned     in     this     act 
shall    not   be    carried    concealed    or 
partly  concealed  about  the  person. 
203.   Penalties      for      violating      preceding 
sections. 
204.   Repeal   of    acts    in    conflict   herewith. 

*  Concerning  the  use  of  dynamite  and  other  detonating  explosives  in  coal  mines,  see 
ch.  26,  art.  4. 

"(&)  Vendor's  license,  authorizing  the  purchase,  possession,  and  sale  of  explosives  »r 
ingredients. 

f  FEDERAL  ACT  CONCERNING  EXPLOSIVES   IN  TIME   OF  WAR. 
(Passed  October  6,  1917.) 

Title  of  act:  AI<  ACT  to  prohibit  the  manufacture,  distribution,  storage,  use  and 
possession  in  time  of  war  of  explosives,  providing  regulations  for  the  safe  manufacture, 
distribution,  storage,  use,  and  possession  of  the  same,  and  for  other  purposes. 

The  act  provides  "that  when  the  United  States  is  at  war  it  shall  be  unlawful  to  manu- 
facture, distribute,  store,  use  or  possess  powder,  explosives,  blasting  supplies,  or  m- 
gredients  thereof,  in  such  manner  as  to  be  detrimental  to  the  public  safety,  except  as  in 
this  act  provided." 

"Small  arms  or  shotgun  cartridges"  are  excepted  from  the  operation  of  the  act. 

Concerning  the  purchase,  possession,  sale,  etc.,  of  explosives  the  act  provides: 

(Sec.  5.)  "That  from  and  after  forty  days  after  the  passage  and  approval  of  this  act 
no  person  shall  have  in  his  possession  or  purchase,  accept,  receive,  sell,  give,  barter  or 
otherwise  dispose  of  or  procure  explosives,  or  ingredients,  except  as  provided  in  this  act: 
Provided,  That  the  purchase  or  possession  of  said  ingredients  when  purchased  or  held  in 
small  quantities  and  not  used  or  intended  to  be  used  in  the  manufacture  of  explosives  are 
not  subject  to  the  provisions  of  this  act:  Provided  further,  That  the  superintendent, 
foreman,  or  other  duly  authorized  employee,  at  a  mine,  quarry,  or  other  work,  may,  when 

70 


Ch.  17]  EXPLOSIVES,  STORAGE,  HANDLING,  ETC.          [§§  198, 199 

LAWS  OF  1915,  CH.  272,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  171. 

AN  ACT  providing  for  public  safety  by  regulating  the  storage,  handling  and  disposition 
of  dynamite,  giant  powder,  nitroglycerine,  gun  cotton  and  other  detonating  explosives, 
providing  penalties  for  violation  of  this  act,  and  repealing  all  acts  in  conflict  herewith. 

§  198.  Record  of  sale,  etc.,  of  explosives  to  be  kept;  what  record  shall 
contain;  record  to  be  signed  by  person,  etc.,  receiving  such  explosives; 
record  t*  be  preserved  for  one  year;  record  open  to  inspection  of  certain 
officers;  act  not  to  apply  to  black  or  blasting  and  gun  powder.  Any  per- 
son, firm  or  corporation,  in  this  state,  who  shall  sell,  give  away  or  other- 
wise dispose  of,  any  dynamite,  giant  powder,  nitroglycerine,  gun  cotton 
or  other  detonating  explosive,  shall  keep  a  record,  in  a  substantially 
bound  book,  which  record  shall  set  forth  the  kind  and  amount  of  ex- 
plosives delivered,  the  time  of  delivery,  the  uses  and  purposes  for  which 
same  are  delivered  and  the  place  at  which  it  is  to  be  used,  and  said  record 
shall  not  be  deemed  complete  until  the  person,  firm  or  corporation  so 
receiving  said  explosives,  and  to  whom  delivery  is  made,  shall  acknowl- 
edge, in  writing,  the  receipt  thereof  by  signing  said  record,  in  good  legible 
handwriting;  which  said  record  and  the  book  in  which  it  is  kept  and 
contained,  shall  be  safely  preserved  by  the  person,  firm  or  corporation 
so  disposing  of  said  explosives  as  aforesaid  for  a  period  of  not  less  than 
one  year  from  the  date  of  the  said  receipt,  and  said  record  shall  be  open 
for  the  inspection  of  any  police  or  peace  officer  mine  inspector  or  fire 
marshal  of  this  state  at  all  reasonable  hours:  Provided,  That  this  act 
shall  not  include  what  is  commonly  known  as  black  or  blasting  and  gun 
powder.  [G.  S.  1915,  §  3813.] 

§  199.  Explosives  not  to  be  sold,  given  away,  etc.,  to  intoxicated  or 
irresponsible  person;  negligent  handling  or  exposing  of  explosives.  No 
person,  firm  or  corporation  shall  at  any  time,  under  any  conditions,  sell, 

licensed  so  to  do,  sell  or  issue,  to  any  workman  under  him,  such  an  amount  of  explosives, 
or  ingredients,  as  may  be  required  by  that  workman  in  the  performance  of  his  duties,  and 
the  workman  may  purchase  or  accept  the  explosives,  or  ingredients,  so  sold  or  issued,  but 
the  person  so  selling  or  issuing  same  shall  see  that  any  unused  explosives,  or  ingredients, 
are  returned,  and  that  no  explosives,  or  ingredients,  are  taken  by  the  workman  to  any 
point  not  necessary  to  the  carrying  on  of  his  duties." 

(Sec.  9.)  "That  from  and  after  forty  days  after  the  passage  and  approval  of  this 
act  every  person  authorized  to  sell,  issue,  or  dispose  of  explosives  shall  keep  a  complete 
itemized  and  accurate  record,  showing  each  person  to  whom  explosives  are  sold,  given, 
bartered,  or  to  whom  or  how  otherwise  disposed  of,  and  the  quantity  and  kind  of  ex- 
plosives, and  the  date  of  each  such  sale,  gift,  barter,  or  other  disposition,  and  this  record 
shall  be  sworn  to  and  furnished  to  the  Director  of  the  Bureau  of  Mines,  or  his  authorized 
representatives  whenever  requested." 

The  act  provides  for  the  issuance  of  the  following  licenses,  among  others,  by  the 
Director  of  the  Bureau  of  Mines: 

"(e)  Purchaser's  license,  authorizing  the  purchase  and  possession  of  explosives  and 
ingredients.  , 

"(d)  Foreman's  license,  authorizing  the  purchase  and  possession  of  explosives  and  in- 
gredients, and  the  sale  and  issuance  of  explosives  and  ingredients  to  workmen  under  the 
proviso  to  section  five  above." 

Licenses  are  to  be  issued  only  to  "citizens  of  the  United  States  of  America,  and  to  the 
subjects  or  citiens  of  nations  that  are  at  peace  with  them,  and  to  corporations,  firms,  and 
associations  thereof."  License  may  be  refused  to  any  person  or  firm,  etc.,  when  there  is 
reason  to  believe  that  such  person  or-  the  controlling  members  of  such  firm,  etc.,  are  dis- 
loyal to  the  United  States  of  America.  Licenses  may  be  revoked  for  the  like  reason. 
Person  to  whom  license  is  refused  or  whose  license  is  revoked  may  apply  to  the  Council  of 
National  Defense. 

"That  any  person  desiring  to  manufacture,  sell,  export,  import,  store,  or  purchase  ex- 
plosives or  ingredients,  or  to  keep  explosives  or  ingredients  in  his  possession,  shall  make 
application  for  a  license,  which  application  shall  state,  under  oath,  the  name  of  the  appli- 
cant:  the  place  of  birth;  whether  native  born  or  naturalized  citizen  of  the  United  States 

71 


§§  200, 201]  EXPLOSIVES,  STORAGE,  HANDLING,  ETC.  [Ch.  17 

give  away  or  otherwise  dispose  of  any  of  the  explosives  named  above  in 
the  preceding  section,  to  any  intoxicated  or  irresponsible  person,  nor 
shall  any  person,  firm  or  corporation  carelessly  or  negligently  handle  or 
expose  any  of  said  explosives  at  any  time.  [G.  S.  1915,  §  3814.] 

§  200.  Having  explosives  in  possession  without  having  executed  re- 
ceipt deemed  violation  of  act  in  like  manner  as  disposing  of  same  without 
taking  receipt  and  making  record.  Any  person,  firm  or  corporation  who 
shall  be  found  in  the  possession  or  control  of  any  explosive  mentioned 
above,  without  having  executed  the  receipt  heretofore  provided  for,  shall 
be  deemed  to  have  violated  this  act  in  like  manner  as  the  person,  firm  or 
corporation  who  shall  sell  or  dispose  of  same  without  taking  the  receipt 
and  making  the  record  as  stated  above.  [G.  S.  1915,  §  3815.] 

§  201.  Location  of  magazines  or  storage  houses  in  which  explosives 
shall  be  kept  for  sale  or  storage ;  quantity  of  explosives ;  storing  of  nitro- 
glycerine. No  person,  firm  or  corporation  shall  keep  any  explosives  here- 
tofore named  in  section  one  of  this  act,  on  hand,  for  sale,  or  storage,  other 
than  in  a  suitable  magazine  or  storage  house,  which  magazine  or  storage 
house  shall  be  not  closer  than  50  feet  to  any  inhabited  building  when  the 
total  amount  of  said  explosives  does  not  exceed  50  pounds;  and  when  the 
supply  exceeds  fifty  pounds  but  does  not  exceed  one  hundred  pounds  the 
distance  shall  be  not  less  than  225  feet;  when  the  supply  exceeds  one 
hundred  pounds  but  does  not  exceed  200  pounds  the  distance  shall  not  be 
less  than  240  feet;  when  the  supply  exceeds  200  pounds  but  does  not  ex- 
ceed 300  pounds  the  distance  shall  be  not  less  than  250  feet;  and  when 
the  supply  exceeds  300  pounds  but  does  not  exceed  1000  pounds  the  dis- 

of  America ;  if  a  naturalized  citizen,  the  date  and  place  of  naturalization ;  business  in 
which  engaged;  the  amount  and  kind  of  explosives  or  ingredients  which  during  the  past 
six  months  have  been  purchased,  disposed  of,  or  used  by  him;  the  amount  and  kind  of 
explosives  or  ingredients  now  on  hand;  whether  sales,  if  any,  have  been  made  to  jobbers, 
wholesalers,  retailers,  or  consumers;  the  kind  of  license  to  be  issued,  and  the  kind  and 
amount  of  explosives  or  ingredients  to  be  authorized  by  the  license ;  and  such  further 
information  as  the  Director  of  the  Bureau  of  Mines  may,  by  rule,  from  time  to  time  re- 
quire. 

"Applications  for  vendor's,  purchaser's,  or  foreman's  licenses  shall  be  made  to  such 
officers  of  the  state,  territory,  or  dependency  having  jurisdiction  in  the  district  within 
which  the  explosives  or  ingredients  are  to  be  sold  or  used,  and  having  the  power  to  ad- 
minister oaths  as  may  be  designated  by  the  Director  of  the  Bureau  of  Mines,  who  shall 
issue  the  same  in  the  name  of  such  director.  Such  officers  shall  be  entitled  to  receive  from 
the  applicant  a  fee  of  25  cents  for  each  license  issued." 

The  President  is  authorized  to  appoint  an  explosives  inspector  in  each  state. 

It  is  made  unlawful  for  any  person  to  represent  himself  as  having  a  license  when  he 
has  not,  or  as  having  a  different  license  than  he  in  fact  has. 

(Sec.  16.)  "That  every  person  authorized  under  this  act  to  manufacture  or  store  ex- 
plosives or  ingredients  shall  clearly  mark  and  define  the  premises  on  which  his  plant  or 
magazine  may  be  and  shall  conspicuously  display  thereon  the  words  "Explosive — Keep  Off." 

(Sec.  17.)  "That  no  person,  without  the  consent  of  the  owner  or  his  authorized  agents, 
except  peace  officers,  the  Director  of  the  Bureau  of  Mines  and  persons  designated  by  him 
in  writing,  shall  be  in  or  upon  any  plant  or  premises  on  which  explosives  are  manu- 
factured or  stored,  or  be  in  or  upon  any  magazine  premises  on  which  explosives  are 
stored;  nor  shall  any  person  discharge  any  firearms  or  throw  or  place  any  explosives  or 
inflammable  bombs  at,  on,  or  against  any  such  plant  or  magazine  premises,  or  cause  the 
same  to  be  done." 

(Sec.  18.)  "That  the  Director  of  the  Bureau  of  Mines  is  hereby  authorized  to  make 
rules  and  regulations  for  carrying  into  effect  this  act,  subject  to  the  approval  of  the 
Secretary  of  the  Interior." 

(Sec.  19.)  "That  any  person  violating  any  of  the  provisions  of  this  act,  or  any  rules 
or  regulations  made  thereunder,  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished 
by  a  fine  of  not  more  than  $5, COO  or  by  imprisonment  not  more  than  one  year,  or  by 
both  such  fine  and  imprisonment." 

The  act  further  provides  for  the  investigation  of  all  explosions  and  fires,  and  for  the 
prosecution  of  persons  responsible  therefor.  It  also  provides  for  cooperation  with  the 
several  states,  etc. 

72 


Ch. 18] 


FIRE  PROTECTION. 


[§§  202-204 


tance  shall  be  not  less  than  300  feet;  and  when  the  supply  exceeds  1000 
pounds  the  distance  shall  not  be  less  than  325  feet:  Provided,  That  nitro- 
glycerine in  any  quantity  shall  be  stored  in  a  suitable  magazine  or  store- 
house situated  not  closer  than  1000  feet  to  any  inhabited  building  or  pub- 
lic road,  so  constructed  that  such  explosive  kept  therein  shall  be  at  least 
two  feet  below  the  surface  of  the  surrounding  ground.  [G.  S.  1915, 
§  3816,  as  amended  by  Laws  1917,  ch.  171,  §  1;  March  28.] 

Dynamite  stored  in  violation  of  city  ordinance;   proximate  cause  of  death   of  fireman   on 
dnty  at  building.     Pinson  v.  Young,  100  K.  452. 

£  202.  Explosives  mentioned  in  this  act  shall  not  be  carried  con- 
cealed or  partly  concealed  about  the  person.  No  person  having  in  his 
possession  any  of  the  explosives  mentioned  in  this  act  shall  carry  the 
same  in  a  wholly  or  partially  concealed  manner  on  or  about  his  person. 
[G.  S.  1915,  §  3817.] 

§  203.  Penalties  for  violating  preceding  sections.  Any  person,  firm  or 
corporation  violating  any  of  the  provisions  of  this  act  shall  be  adjudged 
guilty  of  a  misdemeanor  and  shall  be  punished,  if  an  individual,  by  a  fine 
of  not  less  than  $25  nor  more  than  $100,  or  by  imprisonment  in  the 
county  jail  of  the  county  in  which  the  conviction  is  made,  for  a  term  not 
less  than  30  days  nor  more  than  one  year,  and  if  a  corporation  by  a  fine 
of  not  less  than  $25  nor  more  than  $500,  and  the  costs  of  the  prosecution 
shall  follow  in  each  case.  [G.  S.  1915,  §  3818.] 

§  204.  Repeal  of  acts  in  conflict  herewith.  All  acts  and  parts  of  acts 
in  conflict  herewith  are  hereby  repealed.  [G.  S.  1915,  §  3819.] 


CHAPTER  18.— FIRE  PROTECTION. 


120.-;.  Buildings  on  which  fire-escapes  shall 
be  provided;  number,  location, 
material  and  construction  of  es- 
capes subject  to  authority  having 
control  of  fire  regulations  in  city 
or  town ;  judgment  of  fire  mar- 
shal or  chief  of  fire  department 
and  state  superintendent  of  in- 
spection ;  buildings  having  cement 
walls,  etc.,  and  fire-proof  roofs; 
elevators  or  warehouses :  disputed 
matters  to  be  submitted  to  state 
superintendent  of  inspection ;  de- 
cision final. 

206.  Duty  of  proprietor,  custodian,  etc., 
to  post  notices  designating  places 
where  fire-escapes  are  located  and 
may  be  found. 

2(>7.  Public  halls,  lodge  halls,  lyceums. 
theaters,  etc.,  to  be  provided  with 
stairways,  hallways,  etc.;  regula- 
tions concerning  doors,  exits, 
aisles,  seats,  etc. 

208.  Unlawful     to     operate     theater,     pic- 

ture show.  etc..  without  proper 
system  of  ventilation;  "require- 
ments. 

209.  Certain   buildings    mentioned    in  pre- 

ceding section  to  be  provided  with 
artificial  means  of  ventilation ;  re- 
quirements: construction  of  booths 
for  moving-picture  machines;  elec- 
tric wiring. 

210.  Fire    chief,    fire    marshal,    city    mar- 

shal, etc..  to  inspect  such  theaters, 
picture  shows,  etc..  and  require 
compliance  with  provisions  of  act. 


213. 


214. 


217. 


218. 


Proprietor,  lessee  or  manager  of 
building  to  keep  chemical  fire- 
extinguisher  or  extinguishers  on 
each  floor  of  building:  substitu- 
tion of  stand-pipe  and  hose;  both 
may  be  required. 

Duty  of  chief  of  fire  department  or 
other  officers  named  to  make  in- 
spections of  buildings  and  report 
violations  to  county  attorney ;  duty 
to  prosecute. 

Duty  of  chief  of  fire  department  to 
make  semiannual  report  to  state 
factory  inspector,  who  shall  be  ex 
officio  state  superintendent  of  in- 
spection :  time  of  making  reports ; 
matters  to  be  reported. 

State  factory  inspector  or  deputies 
empowered  to  inspect  buildings 
mentioned  and  require  changes  to 
conform  to  act. 

Complaint  to  factory  inspector  of 
failure  of  officer  to  comply  with 
act :  investigation :  complaint  to 
be  filed  with  county  attorney. 

Penalty  for  failure  to  comply  with 
act ;  liability  of  owner,  lessee,  etc., 
failing  to  comply  with  act ;  lia- 
bility of  municipality  for  failure 
to  enforce  inspection  herein  pro- 
vided. 

Penalty  for  violation  of  act  or  fail- 
ure to  perform  duty  by  chief  of 
fire  department,  marshal  or  other 
officer. 

Repeal  of  Laws  of  1909,  ch.  149, 
and  acts  in  conflict  herewith. 


73 


§  205]  FIRE  PROTECTION.  [Ck.  18 

LAWS  OF  1911,  CH.  197,  AS  AMENDED  BY  LAWS  OF  1915,  CH.  273. 

AN  ACT  to  provide  for  better  protection  of  the  health  and  safety  of  people  who  assemble 
in  public  halls,  public  houses  of  entertainment,  theaters  and  places  of  amusement,  tene- 
ment houses  apartment  houses,  rooming  houses,  and  other  places,  and  regulating  tke 
same,  and  providing  penalties  for  the  violation  thereof,  and  repealing  chapter  149, 
Session  Laws  of  1909. 

§  205.  •  Buildings  on  which  fire-escapes  shall  be  provided;  number, 
location,  material  and  construction  of  escapes  subject  to  authority  having 
control  of  fire  regulations  in  city  or  town;  judgment  of  fire  marshal  or 
chief  of  fire  department  and  state  superintendent  of  inspection;  buildings 
having  cement  walls,  etc.,  and  fire-proof  roofs;  elevators  or  warehouses; 
disputed  matters  to  be  submitted  to  state  superintendent  of  inspection; 
decision  final.  Every  building  now  or  hereafter  used,  in  whole  or  in  part, 
as  a  public  building,  public  or  private  institution,  business  building,  ware- 
house, grain  elevator,  office  building,  schoolhouse,  church,  theater,  public 
hall,  place  of  assemblage  or  place  of  public  resort,  lodge  room,  boarding, 
lodging,  tenement-house,  apartment-house  or  rooming-house,  three  or 
more  stories  in  height,  shall,  within  sixty  days  after  the  taking  effect  of 
this  act,  be  provided  with  one  or  more  metallic  ladders  or  stair  fire-escapes 
attached  to  the  outside  wall  thereof,  and  extending  from  or  suitably  near 
the  ground  to  the  uppermost  story  thereof,  with  platforms  of  such  shape 
and  size  and  in  such  proximity  to  one  or  more  windows  of  each  story 
above  the  first  as  to  render  access  to  such  ladders  or  stairs  from  each 
such  story  easy  and  safe;  in  all  cases  a  metallic  ladder,  not  less  than 
eighteen  inches  between  the  sides,  shall  be  made  to  extend  from  the  top- 
most platform  to  at  least  three  feet  above  the  fire  wall  or  roof;  the  num- 
ber, location,  material  and  construction  of  such  escapes  to  be  subject  to 
the  approval  of  the  fire  marshal,  chief  of  the  fire  department,  city  or 
town  marshal,  or  such  other  authority  as  may  have  the  control  of  fire 
regulations  in  any  city  or  town  where  such  buildings  are  located:  Pro- 
vided, however,  That  all  buildings  more  than  two  stories  in  height  used 
for  manufacturing  purposes,  dormitories,  schools,  seminaries,  hospitals, 
offices  or  asylums,  shall  have  at  least  one  such  fire-escape  for  every 
thirty  persons  or  fraction  thereof  for  which  working,  sleeping  or  living 
accommodations  are  provided  above  the  second  story  of  said  building, 
if  in  the  judgment  of  the  fire  marshal  or  chief  of  the  fire  department  and 
the  state  superintendent  of  inspection,  such  number  is  necessary:  Pro- 
vided, That  in  the  case  of  all  buildings  having  cement  walls,  floors,  stair- 
ways, partitions  and  fire-proof  roofs,  the  fire  chief  or  fire  marshal  shall 
designate  and  approve  the  number,  kind,  location,  material  and  construc- 
tion of  fire-escapes  if  in  his  judgment  the  same  are  required,  having 
due  regard  for  the  inflammability  of  the  nature  of  contents  of  said  build- 
ing and  the  number  of  people  employed  or  residing  therein,  or  occupy- 
ing same:  Provided,  however,  That  the  provisions  of  this  act  shall  not 
apply  to  elevators  or  warehouses  used  for  the  storing  or  handling  of 
grain  of  less  than  fifty  thousand  bushels  capacity,  nor  shall  the  pro- 
visions hereof  apply  to  elevators  or  warehouses  used  for  the  storing  or 
handling  of  grain  made  entirely  from  steel  or  concrete,  or  of  steel  and 
concrete  construction.  In  all  cases  of  dispute  arising  in  the  enforcement 
of  the  provisions  of  this  chapter,  the  fire  marshal  or  chief  of  the  fire  de- 
partment may  if  in  his  judgment  he  deems  it  necessary  refer  such  dis- 
puted matters  arising  in  the  enforcement  of  this  chapter  to  the  state 
superintendent  of  inspection,  as  provided  in  this  act,  whose  decision  in 
the  matter  shall  be  final.  [G.  S.  1915,  §  4859.] 

State  factory  inspector  is  ex  officio  superintendent  of  inspection,  see  §  213,  pout. 

74 


Ch.  18]  FIRE  PROTECTION.  [§§  206-209 

§  206.  Duty  of  proprietor,  custodian,  etc.,  to  post  notices  designating 
places  where  fire-escapes  are  located  and  may  be  found.  It  shall  be  the 
duty  of  every  proprietor,  custodian,  superintendent  or  person  or  persons 
having  the  charge  and  control  of  such  buildings  mentioned  in  this  chapter 
to  post  notices  under  the  direction  of  the  fire  marshal  or  chief  of  the  fire 
department  in  rooms  and  halls  or  in  public  and  conspicuous  places  in  such 
building,  and  designating  the  place  on  each  and  every  floor  of  such  build- 
ing where  such  metallic  ladders  or  fire-escapes  are  located  and  may  be 
found.  [G.  S.  1915,  §  4860.] 

§  207.  Public  halls,  lodge  halls,  lyceums,  theaters,  etc.,  to  be  provided 
with  stairways,  hallways,  etc.;  regulations  concerning  doors,  exits,  aisles, 
seats,  etc.  All  public  halls,  lodge  halls,  lyceums,  theaters,  opera-houses 
and  all  places  of  amusement  which  are  thrown  open  to  be  used  for  the 
profits  (by  rentals  or  admission  charges)  of  their  owners  or  proprietors 
as  a  place  of  assemblage  in  the  state  of  Kansas,  shall  be  provided  by  the 
owner,  manager  or  lessee  with  at  least  two  stairways,  hallways  or  means 
of  egress,  and  all  doors  opening  thereto  shall  not  be  less  than  three  feet 
in  width,  and  shall  swing  or  open  out  of,  not  into,  said  public  hall,  lyceum, 
theater,  opera-house  or  other  place  of  amusement,  and  all  exit  doors  in 
the  building  named  in  this  section  shall  at  all  times  be  kept  unlocked 
during  a  performance  or  entertainment  within  the  building;  over  each 
exit  doorway,  and  at  the  head  of  each  stairway,  there  shall  be  placed  a 
gas  light,  or  an  electric  light,  enclosed  in  a  red  glass  box,  or  globe,  with 
the  words  thereon,  in  large  and  distinct  letters,  "fire  exit";  every  such 
public  hall,  lodge  hall,  lyceum,  theater,  opera-house  or  place  of  amuse- 
ment shall  have  at  least  two  aisles  or  passage-ways,  aisles  having  seats 
on  both  sides  of  same,  shall  be  not  less  than  three  feet  wide;  aisles  having 
seats  on  one  side  only,  shall  be  not  less  than  two  feet  and  six  inches 
wide;  no  seat  shall  have  more  than  six  seats  intervening  between  it  and 
an  aisle,  on  either  side;  all  seats  in  theaters  and  permanent  places  of 
amusement  shall  be  securely  fastened  to  floor;  no  stool  or  seat  shall  be 
placed  in  any  aisle.  [G.  S.  1915,  §  4861.] 

§  208.  Unlawful  to  operate  theater,  picture  show,  etc.,  without  proper 
system  of  ventilation;  requirements.  It  shall  be  unlawful  for  the  owner, 
proprietor,  or  lessee  to  operate  any  theater,  picture  show  or  place  of 
amusement  in  any  structure,  room  or  place  in  the  state  of  Kansas,  which 
structure,  room  or  place  is  capable  of  containing  50  or  more  persons 
unless  the  system  of  ventilation  is  capable  of  supplying  at  least  thirty 
cubic  feet  of  fresh  air  per  minute  for  each  person  therein.  [G.  S.  1915, 
§  4862.] 

§  209.  Certain  buildings  mentioned  in  preceding  section  to  be  provided 
with  artificial  means  of  ventilation;  requirements;  construction  of  booths 
for  moving-picture  machines;  electric  wiring.  All  such  structures,  rooms 
or  places  used  for  the  purpose  mentioned  in  section  4  of  this  act  having 
less  than  500  cubic  feet  of  air  space  for  each  person  and  all  rooms  having 
less  than  2000  cubic  feet  of  air  space  for  each  person  in  which  the  out- 
side window  and  door  area,  used  for  ventilation,  is  less  than  one-eighth 
of  the  floor  area  shall  be  provided  with  a  draught  fan  or  other  artificial 
means  of  ventilation  installed  so  as  to  force  the  stagnant  air  outward 
from  said  structure,  room  or  place.  In  the  end  of  the  room  opposite  said 
fan,  an  inlet  ventilator  shall  be  provided  of  sufficient  size  to  admit  the 
required  amount  of  fresh  air  as  provided  in  section  4  of  this  act.  All 

75 


§§  210-214]  FIRE  PROTECTION.  [Ch.  18 

booths  used  for  moving  picture  machines  shall  be  made  of  galvanized 
sheet  iron  of  not  less  than  20  B.  W.  gage,  or  Vi-inch  hard  asbestos  board, 
securely  riveted  or  bolted  to  angle  iron  frame,  (of  not  less  than  1  x  1  x  %- 
inch  angle  iron,  properly  braced)  or  equivalent  fire  resisting  material. 
A  not  less  than  6  inch  diameter  ventilating  pipe  shall  be  used  as  an  ex- 
haust for  the  hot  air  generated  in  operating  the  machine.  All  electric 
wiring  shall  be  in  accordance  with  the  national  electrical  code.  [G.  S. 
1915,  §  4863.] 

"Section  4  of  this  act,"  mentioned  herein,  is  §  208,  sujira. 

§  210.  Fire  chief,  fire  marshal,  city  marshal,  etc,,  to  inspect  such 
theaters,  picture  shows,  etc.,  and  require  compliance  with  provisions  of 
act.  It  shall  be  the  duty  of  the  fire  chief  or  fire  marshal,  city  or  town 
marshal  in  each  city  where  such  theater,  picture  show  or  place  of 
amusement  is  operated,  to  inspect  such  places  and  to  require  such  alter- 
ations or  changes  as  he  may  deem  necessary  in  securing  a  compliance 
with  the  provisions  of  this  act.  [G.  S.  1915,  §  4864.] 

§  211.  Proprietor,  lessee  or  manager  of  building  to  keep  chemical  fire- 
extinguisher  or  extinguishers  on  each  floor  of  building;  substitution  of 
stand-pipe  and  hose;  both  may  be  required.  The  proprietor,  lessee  or 
manager  of  any  of  the  buildings  mentioned  in  this  act  shall  at  all  times 
keep  on  each  floor  of  said  building  one  or  more  chemical  fire-extin- 
guishers, properly  charged  and  in  good  working  order,  as  the  fire 
marshal  or  chief  of  the  fire  department  may  direct,  the  same  to  be  hung 
in  a  conspicuous  place  and  easy  of  access  to  the  occupants  thereof: 
Provided,  That  with  the  approval  of  the  fire  marshal  or  chief  of  the  fire 
department,  a  stand-pipe  and  hose  of  proper  size  may  be  accepted  in 
lieu  of  such  extinguishers,  or  if  in  his  judgment  both  are  necessary,  he 
may  require  the  same.  [G.  S.  1915,  §  4865.] 

§  212.  Duty  of  .chief  of  fire  department  or  other  officers  named  to 
make  inspections  of  buildings  and  report  violations  to  county  attorney; 
duty  to  prosecute.  It  shall  be  the  duty  of  the  chief  of  the  fire  department 
or  other  officers  named  in  section  1  of  this  act  to  visit  all  of  the  buildings 
contemplated  in  this  act  at  least  once  every  six  months  and  carefully 
inspect  such  building,  and  report  at  once  to  the  county  attorney  any 
failure  to  comply  with  or  violation  of  any  of  the  provisions  of  this  act. 
It  shall  be  the  duty  of  the  county  attorney  to  at  once  proceed  to  prose- 
cute all  violators  of  any  of  the  provisions  of  this  act.  [G.  S.  1915, 
§  4866.] 

"Section  1  of  this  act,"  mentioned  herein,  is,  as  amended,   §  205,  supra. 

§  213.  Duty  of  chief  of  fire  department  to  make  semiannual  report  to 
state  factory  inspector,  who  shall  be  ex  officio  state  superintendent  of  in- 
spection; time  of  making  reports;  matters  to  be  reported.  It  shall  be  the 
duty  of  the  chief  of  the  fire  department,  or  any  other  officer  named  in 
this  act,  or  any  person  or  persons  deputized  to  enforce  the  provisions 
of  this  act,  to  make  a  report  semiannually,  in  writing,  to  the  state  fac- 
tory inspector,  who  shall  be  ex  officio  state  superintendent  of  inspection ; 
such  reports  to  be  made  in  April  and  October  of  each  year  and  to  contain 
a  full  and  correct  statement  of  the  conditions  of  all  the  buildings  built 
or  under  course  of  construction  in  his  jurisdiction  that  come  within  the 
meaning  of  this  act.  [G.  S.  1915,  §  4867.] 

§  214.  State  factory  inspector  or  deputies  empowered  to  inspect  build- 
ings mentioned  and  require  changes  to  conform  to  act.  The  state  factory 

76 


Ch.  18]  FIRE  PROTECTION.  [§§  215-218 

inspector  is  hereby  empowered  to  enter  upon  and  inspect,  or  cause  to  be 
entered  upon  and  inspected  by  his  deputy,  any  building  mentioned  in 
this  act,  and  require  such  changes  or  alterations  as  he  may  deem  neces- 
sary to  conform  to  the  provisions  of  this  act.  [G.  S.  1915,  §  4868.] 

§  215.  Complaint  to  factory  inspector  of  failure  of  officer  to  comply 
with  act;  investigation;  complaint  to  be  filed  with  county  attorney. 
Should  complaint  be  made  to  the  said  state  factory  inspector  by  any 
citizen  of  the  state  of  the  failure  of  any  of  the  above-named  officers  to 
comply  with  any  of  the  provisions  of  this  act,  the  state  factory  inspector 
shall  at  once  proceed  to  investigate  such  complaint,  and  if  sufficient 
evidence  can  be  obtained  he  shall  at  once  file  a  complaint  against  such 
officer  with  the  county  attorney,  who  shall  prosecute  the  same  under  the 
provisions  of  this  act.  [G.  S.  1915,  §  4869.] 

§216.  Penalty  for  failure  to  comply  with  act;  liability  of  owner, 
lessee,  etc.,  failing  to  comply  with  act;  liability  of  municipality  for  fail- 
ure to  enforce  police  inspection  herein  provided.  Any  person,  company  or 
corporation  who  shall  fail,  neglect  or  refuse  to  comply  with  the  provisions 
of  this  act  within  sixty  days  after  it  becomes  a  law  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine  of  ten  dollars  per 
day  for  every  day  any  such  person,  company  or  corporation  shall  con- 
tinue in  such  failure,  neglect  or  refusal.  The  owner,  lessee  or  proprie- 
tor of  any  building  herein  mentioned  who  shall  fail,  neglect  or  refuse  to 
provide  the  fire-escapes  herein  provided  for  shall  be  liable  for  all  dam- 
ages sustained  by  any  person  by  reason  of  the  failure  to  provide  such  fire- 
escapes;  and  any  municipality  which  shall  fail,  refuse  or  neglect  to 
enforce  the  police  inspection  of  such  fire-escapes,  as  herein  provided, 
shall  be  liable  for  all  damages  so  sustained  by  any  person  by  reason 
thereof.  [G.  S.  1915,  §  4870.] 

§  217.  Penalty  for  violation  of  act  or  failure  to,  per  form  duty  by  chief 
of  fire  department,  marshal  or  other  officer.  Any  chief  of  a  fire  depart- 
ment, marshal,  or  other  officer,  as  contemplated  by  section  1  of  this  act, 
who  fails  or  refuses  to  perform  his  duty  as  defined  by  the  provisions  of 
this  act,  or  who  shall  fail  or  refuse  to  comply  with  any  of  the  require- 
ments thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  in  any  court  of  competent  jurisdiction  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars.  [G.  S.  1915, 
§  4871.] 

§  218.  Repeal  of  Laws  of  1909,  ch.  149,  and  acts  in  conflict  herewith. 
Chapter  149,  Session  Lawk  of  1909,  and  all  acts  or  parts  of  acts  in  con- 
flict herewith  are  hereby  repealed.  [G.  S.  1915,  §  4872.] 


77 


§§  219,  220]       FREE  EMPLOYMENT  BUREAU  AND  AGENCIES. 


[Ch.  19 


CHAPTER  19.— FREE  EMPLOYMENT  BUREAU  AND 
FREE  EMPLOYMENT  AGENCIES.* 


§219.  Free  employment  bureau  created; 
free  agencies  in  cities  of  first  and 
second  class;  city  of  second  class 
may  dispense  with  agency;  ap- 
pointment and  compensation  of 
"director  of  free  employment." 

220.  Director  to   prepare  rules   and  regu- 

lations, forms,  blanks,  blank  books, 
etc.,  and  forward  same  to  clerks 
of  cities  of  first  and  second 
classes;  printing  of  such  blanks, 
etc. 

221.  Establishment   of   agencies   by   mayor 

and  council  of  such  cities;  duties 
devolve  upon  city  clerk  where  no 
other  agency  established. 

222.  Duties    of    free    employment    agent; 

registration  of  person  desiring  to 
employ  any  person  and  of  person 
desiring  employment;  reports;  no- 
tification to  persons  registered  of 
employment  open. 


§223.  Reports  of  such  agencies  made  to 
director  of  free  employment;  per- 
sons not  having  received  employ- 
ment to  be  notified .  by  director 
where  employment  may  be  had; 
annual  report  of  such  director. 

224.  Removal  of  city  clerk  from   office  of 

free  employment  officer  for  failure 
or  refusal  to  perform  duties,  etc. ; 
removal  of  agent  appointed  by 
city  to  conduct  free  employment 
agency;  mayor  fill  vacancy. 

225.  Director  of  free  employment  to  keep 

and  maintain  an  office;  executive 
council  to  provide  room,  etc. 

2 'JO.  Director  to  prepare  list  of  number 
of  extra  harvest  hands  needed  in 
any  community  purposes. 

227.  Compensation  of  director  of  free  em- 
ployment ;  allowance  for  postage 
and  express. 


LAWS  OF  1901,  CH.  185. 

AN  ACT  for  the  establishment,  maintenance  and  conduct  of  a  free  employment  bureau  and 
free  employment  agencies,  and  relating  thereto. 

§219.  Free  employment  bureau  created;  free  agencies  in  cities  of 
first  and  second  class;  city  of  second  class  may  dispense  with  agency; 
appointment  and  compensation  of  "director  of  free  employment."  There 
is  hereby  created  the  free  employment  bureau  of  the  state  of  Kansas,  for 
the  purpose  of  providing  free  employment  agencies  in  all  cities  of  the 
first  and  second  class  within  the  state:  Provided,  That  any  city  of  the 
second  class  may,  by  resolution  of  the  mayor  and  council,  dispense  with 
such  free  employment  agency,  and  shall  notify  the  director  to  that  effect. 
Said  bureau  shall  be  under  the  supervision  and  direction  of  an  officer 
designated  as  "director  of  free  employment,"  who  shall  be  appointed  by 
the  governor  within  ten  days  from  the  taking  effect  of  this  act,  and  shall 
hold  such  office  for  the  term  of  two  years  and  until  his  successor  is  ap- 
pointed and  qualified.  Before  entering  upon  the  duties  of  the  office,  he 
shall  take  and  subscribe  an  oath  as  provided  for  other  state  officers. 
[G.  S.  1915,  §  5849.] 

The  commissioner  of  labor  and  industry  was,  by  Laws  of  1913,  ch.  217,  made  ex 
officio  director  of  the  free  employment  bureau  (§  165^  ante).  The  commissioner  is 
authorized  to  appoint  a  free  employment  bureau  clerk  (§  166,  ante). 

§  220.  Director  to  prepare  rules  and  regulations,  forms,  blanks,  blank 
books,  etc.,  and  forward  same  to  clerks  of  cities  of  first  and  second  classes ; 
printing  of  such  blanks,  etc.  As  soon  as  such  director  of  free  employ- 
ment shall  have  been  appointed  and  qualified,  it  shall  be  his  duty  to  pre- 
pare, prescribe,  print,  and  transmit  to  the  city  clerks  of  all  cities  of  the 
first  and  second  classes,  directions,  rules  and  regulations  for  the  opening, 
conduct  and  reports  of  free  employment  agencies  in  said  cities,  which  di- 
rections, rules  and  regulations  said  director  may  amend,  add  to  or  revise 
from  time  to  time.  Said  director  shall  also  prepare  all  needful  or  proper 
forms  to  be  used  by  such  agencies,  and  shall  cause  blanks  and  all  blank 
books  to  be  prepared  by  the  state  printer,  and  shall  forward  supplies 

*  See,  also,  ch.  16,  Employment  Offices  and  Agencies. 

78 


Cfc.  19]  FREE  EMPLOYMENT  BUREAU  AND  AGENCIES.      [§§  221-224 

thereof  to  all  such  city  clerks  for  use  of  such  agencies;  all  work  author- 
ised by  this  act  to  be  done  by  the  state  printer,  upon  the  requisition  of 
said  director,  subject  to  the  approval  of  the  state  printing  committee. 
[G.  S.  1915,  §  5850.] 

See  note  to  §  219,  supra. 

§  221.  Establishment  of  agencies  by  mayor  and  council  of  such  cities; 
duties  devolve  upon  city  clerk  where  no  other  agency  established.  Within 
thirty  days  after  such  directions,  rules  and  regulations  shall  have  been 
received  by  any  city  clerk,  the  mayor  and  council  shall  comply  with  the 
directions  of  said  director  as  to  the  opening  and  preparing  to  maintain 
a  free  employment  agency  and  for  the  expense  thereof;  and  if  no  such 
provision  be  made,  the  duties  of  free  employment  agent  shall  devolve  upon 
the  city  clerk,  who  shall  perform  the  same,  and  his  office  shall  be  the  free 
employment  agency  of  said  city.  [G.  S.  1915,  §  5851.] 

§  222.  Duties  of  free  employment  agent;  registration  of  person  de- 
siring to  employ  any  person  and  of  person  desiring  employment;  reports; 
notification  to  persons  registered  of  employment  open.  It  shall  be  the 
duty  of  the  free  employment  agent  of  every  city  to  register,  as  directed 
by  the  directions  of  the  director  of  free  employment,  every  person  desiring 
to  employ  any  person  and  every  person  desiring  employment;  and  it 
shall  be  the  strict  legal  right  of  every  such  person  to  so  register  and  to 
enjoy  all  of  the  advantages  of  such  employment  agency  free  from  any 
charge  or  expense  whatever.  Reports  to  the  director  of  free  employment 
shall  be  made  by  such  agencies  as  often  and  as  to  such  matters  as  he  may 
require.  Every  person  shall  be  notified  of  employment  open  in  the  order 
of  his  or  her  registration  for  that  employment  by  such  agent  where  regis- 
tered. All  other  details  shall  be  fixed  by  the  director  of  free  employment. 
[G.  S.  1915,  §  5852.] 

See  note  to  §  219,  supra. 

§  223.  Reports  of  such  agencies  made  to  director  of  free  employment; 
persons  not  having  received  employment  to  be  notified  by  director  where 
employment  may  be  had;  annual  report  of  such  director.  The  reports  of 
such  agencies  shall  be  made  to  the  director  of  free  employment  as  he  may 
require,  and  shall  be  tabulated  and  classified,  and  such  persons  as  have 
not  secured  employment  or  notice  of  employment  where  registered  shall 
be  notified  by  the  director  where  such  employment  may  be  had,  as  shown 
by  the  reports  made.  The  director  shall  embody  in  his  annual  report  such 
tabulations  of  the  work  performed  by  such  agencies  in  the  state,  with  such 
recommendations  as  he  may  deem  proper  for  the  information  of  the 
legislature.  [G.  S.  1915,  §  5853.] 

See  note  to  §  219,  supra. 

§  224.  Removal  of  city  clerk  from  office  of  free  employment  officer 
for  failure  or  refusal  to  perform  duties,  etc.;  removal  of  agent  appointed 
by  city  to  conduct  free  employment  agency;  mayor  fill  vacancy.  If  any 

city  clerk  shall  fail  or  refuse  to  carry  out  in  good  faith,  in  a  reasonably 
fair  and  efficient  manner,  the  duties  devolved  upon  him  by  this  act  or  by 
the  direction,  rules  and  regulations  of  the  director  of  free  employment, 
he  shall  forfeit  his  office  as  such  free  employment  officer,  and  be  removed 
therefrom:  Provided,  Such  removal  shall  not  affect  the  tenure  of  his 
office  as  to  its  other  duties.  Any  agent  provided  for  and  appointed  by  any 
city  to  conduct  a  free  employment  agency  under  this  act  shall  be  removed 
by  the  mayor  at  any  when  requested  in  writing  by  ten  or  more  electors 

79 


§§  225-229] 


HOLIDAYS. 


[Ch.  2 


of  said  city,  upon  a  showing  being  made  that  such  agent  refused  or  failed 
to  perform  the  duties  as  required  by  this  act.  In  case  of  the  removal  or 
resignation  for  any  cause  of  the  free  employment  agent  in  any  city,  the 
mayor  of  such  city  shall  immediately  appoint  a  qualified  person  to  fill 
such  vacancy.  [G.  S.  1915,  §  5854.] 

See  note  to  §  219,  supra. 

§  225.  Director  of  free  employment  to  keep  and  maintain  an  office ; 
executive  council  to  provide  room,  etc.  The  director  of  free  employment 
shall  keep  and  maintain  an  office,  and  the  executive  council  is  hereby 
directed  to  provide  for  said  director  a  suitable  room,  properly  furnished 
for  the  use  of  said  director.  [G.  S.  1915,  §  5855.] 

See  note  to  §  219,  supra. 

§  226.  Director  to  prepare  list  of  number  of  extra  harvest  hands 
needed  in  any  community;  purposes.  It  shall  be  the  further  duty  of  the 
said  director  to  secure  and  list,  as  far  as  practicable,  from  the  rural 
districts  of  the  state,  the  number  of  extra  laborers  required  for  the  har- 
vest season  in  each  community,  for  the  purpose  of  providing  labor  for  the 
harvest  season  to  meet  such  demand,  and  to  provide  employment  for  any 
idle  labor  seeking  employment.  [G.  S.  1915,  §  5856.] 

See  note  to  §  219,  supra. 

§  227.  Compensation  of  director  of  free  employment;  allowance  for 
postage  and  express.  The  director  of  free  employment  shall  be  paid  a 
salary  of  twelve  hundred  dollars  per  annum,  to  be  paid  as  other  state 
officers.  The  further  sum  of  five  hundred  dollars  annually  for  postage 
and  express  is  hereby  allowed  for  the  use  of  said  director  in  carrying  out 
the  provisions  of  this  act.  [G.  S.  1915,  §  5857.] 

For  salary  of  free  employment  bureau  clerk,  see  §  168,  <u,t<-. 


CHAPTER  20.— HOLIDAYS/ 


§228.   Memorial  day  a  legal  holiday. 

229.  Labor  day   a  legal   holiday. 

230.  Washington's    birthday    a    legal    holi- 

day. 

231.  Lincoln's  birthday   a  legal  holiday. 


§232.  Columbus  day  a  legal  holiday;  act 
not  to  affect  commercial  paper, 
etc.,  or  to  interfere  with  judicial 
proceedings. 


LAWS  OF  1886,  CH.  125. 

§  228.  Memorial  day  a  legal  holiday.  That  the  thirtieth  day  of  May 
of  each  year  shall  be  and  the  same  is  hereby  declared  to  be  a  legal  holiday. 
[G.  S.  1915,  §  5076.] 

LAWS  OF  1891,  CH.  145. 

§  229.  Labor  day  a  legal  holiday.  That  the  first  Monday  of  September 
of  each  year  shall  be  known  as  labor  day,  and  the  same  is  hereby  declared 
to  be  a  legal  holiday.  [G.  S.  1915,  §  5077.] 

*  The  days  named  in  this  chapter  are  the  only  holidays  specially  declared  to  be  legal 
holidays  by  separate  enactments  for  that  purpose.  However,  the  negotiable-instruments 
law  names  certain  days,  in  addition  to  those  named  in  this  chapter,  which  are  declared  to 
be  legal  holidays  for  the  purpose  of  that  act  and  which  are  by  custom  more  or  less  gener- 
ally observed  as  holidays;  the  days  named  (in  addition  to  those  named  in  this  chapter) 
are,  "(1)  the  first  day  of  January,  known  as  New  Year's  day;  .  .  .  (4)  the  4th  day 
of  July,  known  as  Independence  day;  .  .  .  (6)  the  25th  day  of  December,  known 
as  Christmas  day;  (7)  any  day  appointed  and  recommended  by  the  governor  of  this  state, 
or  the  President  of  the  United  States,  as  a  day  of  fast  or  thanksgiving.  ...  If  any 
of  said  days  be  the  first  day  of  the  week,  known  as  Sunday,  the  next  succeeding  secular 
or  business  day  shall  be  a  holiday."  [G.  S.  1915,  §  6719.] 

80 


Cii.  21] 


INDUSTRIAL  WELFARE  COMMISSION. 


[§§  230-232 


LAWS  OF  1895,  CH.  161. 

§  230.  Washington's  birthday  a  legal  holiday.  That  the  22d  day  of 
February  of  each  year  shall  be  and  the  same  is  hereby  declared  a  legal 
holiday.  [G.  S.  1915,  §  5078.] 

LAWS  OF  1907,  CH.  245. 

§  281.  Lincoln's  birthday  a  legal  holiday.  That  the  12th  day  of  Feb- 
ruary, the  anniversary  of  the  birth  of  Abraham  Lincoln,  be  and  the  same 
is  hereby  declared  a  legal  holiday.  [G.  S.  1915,  §  5079.] 

This  act  contains  no  provision  as  to  when  it  shall  take  effect,  as  required  by  art.  2, 
§  19  of  the  constitution. 

LAWS  OF  1911,  CH.  201. 

AN  ACT  designating  the  12th  day  of  October  in  each  year  as  a  public  holiday  to  be  known 

as   "Columbus  day." 

§232.  Columbus  day  a  legal  holiday;  act  not  to  affect  commercial 
paper,  etc.,  or  to  interfere  with  judicial  proceedings.  The  12th  day  of 
October  of  the  present  year  of  our  Lord  1911,  and  the  12th  day  of  October 
of  each  year  thereafter,  is  hereby  declared  a  public  holiday,  to  be  known 
as  "Columbus  day"  and  the  same  shall  be  recognized,  classed  and  treated 
as  other  legal  holidays  under  the  laws  of  this  state:  Provided,  That  this 
act  shall  not  be  construed  to  affect  commercial  paper,  the  making  or  exe- 
cution of  agreements  or  instruments  in  writing  or  interfere  with  judicial 
proceedings.  [G.  S.  1915,  §  5080.] 


CHAPTER  21.— INDUSTRIAL  WELFARE  COMMISSION.* 


§233.  Exercise  of  police  and  sovereign 
power  of  state  over  wages,  hours 
and  conditions  of  labor  of  women, 
learners  and  apprentices,  and 
minors. 

234.  Unlawful  to  employ  women,  learn- 
ers, and  apprentices  and  minors 
in  industry  or  occupation  under 
conditions  detrimental  to  health, 
etc.,  at  wages  not  adequate  for 
maintenance  or  for  more  hours 
than  is  consonant  with  health, 
etc. ;  exceptions. 

285.  Industrial  welfare  commission  cre- 
ated; commissioner  of  labor  and 
two  others  constitute  commission; 
one  member  to  be  a  woman; 
appointment  of  members;  quali- 
fications; term  of  office;  iemoval; 
vacancies ;  officers  and  employees 
of  commission ;  quorum ;  persons 
related  by  blood  or  marriage  to 
officers  and  persons  specified  not 
to  be  appointed. 

236.  Members    of    commission    to    be    paid 

traveling  and  other  necessary  ex- 
penses; serve  without  salary;  of- 
fice in  state  house. 

237.  Investigation       by       commission       of 

wages,  hours  or  labor  conditions; 
request  of  persons  employed  in 
occupations:  power  and  authority 
of  commission  in  making  investi- 
gation. 


;238.  Employers  of  women,  learners  and 
apprentices,  and  minors  to  keep 
register  of  persons  employed ;  in- 
spection of  register  by  commis- 
sion, etc. 

239.  Commission    may    hold    public    hear- 

ings for  purpose  of  investigation ; 
persons  may  appear  and  give  tes- 
timony ;  subpoena  witnesses;  oaths; 
production  of  records,  etc. ;  find- 
ings and  report;  order  of  com- 
mission ;  compensation  of  wit- 
nesses for  travel  and  attendance. 

240.  Commission    may    establish    a    wage, 

hour  or  sanitary  board  after  in- 
vestigation of  any  occupation; 
members  of  board ;  rules  and 
regulations  governing  selection  of 
members  of  board  and  modes  of 
procedure  of  board ;  jurisdiction 
of  commission;  compensation  of 
members  of  board. 

241.  Commission    to    transmit   information 

to  board;  duties  of  board  in  de- 
termining minimum  wage  re- 
quired to  supply  cost  of  living 
and  number  of  hours  and  sani- 
tary conditions;  different  minima 
hours  and  standards  for  different 
localities ;  determination  of  ma- 
jority of  board  to  be  reported  to 
commission  with  reasons  and  facts. 


*  The  commission  is  authorized  to  make  certain  orders  concerning  wages,  hours  and 
sanitary  conditions  affecting  women,  learners  and  apprentices,  and  minors  in  any  occupa- 
tion. These  orders  may  be  changed  from  time  to  time.  Copies  of  the  orders,  etc.,  in 
•ffect,  concerning  any  occupation  may  be  obtained  by  writing  to  the  "Industrial  Welfare 
Commission,  Topeka,  Kan." 

6— Labor— 1725 


|§  233-235] 


INDUSTRIAL  WELFARE  COMMISSION. 


[Ch.  21 


§242.  Action  of  commission  on  report  of 
board ;  notice  of  public  hearing ; 
order  to  be  made  by  commission 
effective  in  sixty  days;  commis- 
sion to  mail  copy  of  order  to  em- 
ployers; posting  of  order. 

243.  Commission   may   reopen   question  of 

wages,  hours,  or  conditions  of 
labor  and  reconvene  former  board 
or  call  a  new  one ;  determinations 
of  board. 

244.  Commission  may  issue  special  license 

to  employees  who  are  physically 
defective  or  crippled,  etc.,  author- 
izing employment  of  such  persons 
for  less  number  of  hours,  etc. 

245.  Definition  of  terms  used  in  this  act; 

"occupation"  ;  "learners"  and  "ap- 
prentices" ;  separate  inquiry  and 
report  on  any  branch  of  occupa- 
tion; separate  order;  "minor!'; 
"women"  ;  definitions  of  "learner" 
and  "apprentice"  ;  rules  and  regu- 
lations. 

246.  Employer,   employee,   etc.,   may  bring 

action  to  vacate  and  set  aside  or- 
der, ruling  or  holding;  time  for 
bringing  action;  burden  of  proof; 
attorney-general  to  appear  for 
commission ;  action  advanced  over 
other  actions ;  appeal  from  district 
court;  orders,  etc.,  in  effect  pend- 
ing appeal ;  service  on  board. 


§247.   Violation     of     act     a     misdemeanor; 
penalty. 

248.  Penalty  for  discharge  of  employee  or 

discrimination  against  employee 
because  of  signing  a  request  for 
investigation  of  wages,  etc.,  or 
because  of  such  person  testifying, 
etc. 

249.  Penalty    for    employment    of    woman, 

or  minor,  or  learner,  or  apprentice 
at  less  than  minimum  wage,  for 
greater  number  of  hours,  etc., 
than  fixed  by  commission ;  recov- 
ery in  civil  action  of  minimum 
wage,  for  overtime,  etc.,  regard- 
less of  agreement;  costs  and  at- 
torney's fees. 

250.  Commission     to     investigate     whether 

employers  or  employees  are  com- 
plying with  orders,  etc. ;  prosecu- 
tion of  persons  not  complying 
with  orders. 

251.  Commissioner    of    labor    and    inspec- 

tors of  bureau  of  labor  to  give 
information  and  statistics  to  com- 
mission and  assist  commission  in 
carrying  out  act. 

252.  Commission   to  make  biennial   report 

to  the  governor  and  the  legisla- 
ture; printing  and  distribution  of 
report. 

253.  Act  construed  as  supplemental  to  ex- 

isting laws. 


LAWS  OF  1915,  CH.  275. 

AN  ACT  to  establish  an  industrial  welfare  commission  for  women,  learners  and  appren- 
tices, and  minors,  prescribing  its  powers  and  duties  and  providing  for  the  fixing  of 
wages,  hours  and  the  standard  conditions  of  labor  for  such  workers ;  providing  pen- 
alties for  violations  of  the  same. 

§  233.  Exercise  of  police  and  sovereign  power  of  state  over  wages, 
hours  and  conditions  of  labor  of  women,  learners  and  apprentices,  and 
minors.  That  the  state  of  Kansas  exercising  herewith  its  police  and  sov- 
ereign power  declares  that  inadequate  wages,  long-continued  hours  and 
unsanitary  conditions  of  labor,  exercise  a  pernicious  effect  on  the  health 
and  welfare  of  women,  learners  and  apprentices,  and  minors.  [G.  S.  1915, 
§  10495.] 

Period  of  minority  in  males  and  females,   §  84,  ante. 
"Minor,"  as  used  in  this  act,  defined,  §  245,  post. 

§  234.  Unlawful  to  employ  women,  learners,  and  apprentices  and 
minors  in  industry  or  occupation  under  conditions  detrimental  to  health, 
etc.,  at  wages  not  adequate  for  maintenance  or  for  more  hours  than  is 
consonant  with  health,  etc.;  exceptions.  That  it  shall  be  unlawful  to  em- 
ploy women,  learners,  and  apprentices  and  minors  in  any  industry  or 
occupation  within  the  state  of  Kansas  under  conditions  of  labor  detri- 
mental to  their  health  or  welfare  and  it  shall  be  unlawful  to  employ 
women,  learners,  and  apprentices  and  minors  in  any  industry  within  the 
state  of  Kansas  at  wages  which  are  not  adequate  for  their  maintenance 
and  for  more  hours  in  any  one  day  than  is  consonant  with  their  health 
and  welfare,  except  as  hereinafter  provided.  [G.  S.  1915,  §  10496.] 

§235.  Industrial  welfare  commission  created;  commissioner  of  labor 
and  two  others  constitute  commission;  one  member  to  be  a  woman;  ap- 
pointment of  members;  qualifications;  term  of  office;  removal;  vacancies; 
officers  and  employees  of  commission;  quorum;  persons  related  by  blood 
or  marriage  to  officers  and  persons  specified  not  to  be  appointed.  That 


Ch.  21]  INDUSTRIAL  WELFARE  COMMISSION*.  [§§  236-238 

there  is  hereby  created  a  commission  to  be  known  as  the  industrial  wel- 
fare commission  for  the  state  of  Kansas  to  establish  such  standard  of 
wages,  hours,  and  conditions  of  labor  for  women,  learners  and  appren- 
tices, and  minors  employed  within  this  state  as  shall  be  held  hereunder 
to  be  reasonable  and  not  detrimental  to  health  and  welfare.  This  com- 
mission shall  consist  of  the  commissioner  of  labor  and  two  others  appointed 
by  the  governor.  No  two  of  whom  shall  be  from  any  one  congressional 
district.  At  least  one  member  of  this  commission  shall  be  a  woman.  The 
first  appointment  shall  be  made  within  sixty  days  after  the  passage  of 
this  act.  One  member  shall  be  appointed  to  serve  until  January  1,  1917, 
a  second  to  serve  until  January  1,  1918.  Thereafter  each  member  shall  be 
appointed  for  a  term  of  four  years  and  until  his  successor  is  appointed 
and  qualifies.  The  governor  shall  have  the  power  of  removal  for  cause. 
Any  vacancy  that  may  occur  shall  be  filled  in  like  manner  for  the  un- 
expired  portion  of  the  term.  The  commission  shall  have  power  to  elect  its 
own  chairman,  a  secretary,  and  such  other  employees  as  it  may  require. 
Two  members  of  the  commission  shall  constitute  a  quorum  at  all  regular 
meetings:  Provided,  That  no  person  shall  be  appointed  on  such  commis- 
sion, who  is  related  by  blood  or  marriage  to  the  commissioner  of  labor,  or 
to  any  state  officer,  or  to  any  member  of  any  other  state  board  or  com- 
mission. And  no  person  shall  be  appointed  to  any  place  or  position  on 
said  commission  or  be  employed  by  such  commission  in  any  way,  who  is 
related  by  blood  or  marriage  to  any  member  thereof,  or  to  any  of  its 
chief  officers  or  heads  of  departments.  [G.  S.  1915,  §  10497.] 

§  236.  Members  of  commission  to  be  paid  traveling  and  other  neces- 
sary expenses;  serve  without  salary;  office  in  state  house.  That  each 
member  of  the  commission  shall  be  paid  all  traveling  and  other  necessary 
expenses  incurred  in  the  performance  of  his  or  her  official  duties,  but  shall 
serve  without  salary.  The  commission  may  incur  other  necessary  ex- 
penses not-  exceeding  the  appropriation  therefor  and  shall  be  provided 
with  an  office  in  the  state  house.  [G.  S.  1915,  §  10498.] 

§  237.  Investigation  by  commission  of  wages,  hours  or  labor  condi- 
tions; request  of  persons  employed  in  occupations;  power  and  authority 
of  commission  in  making  investigation.  That  the  commission  may  at  its 
discretion  investigate  wages,  hours  and  sanitary  and  other  conditions 
affecting  women,  learners  and  apprentices  and  minors  in  any  industry 
or  occupation  in  the  state.  Upon  the  request  of  not  less  than  twenty- 
five  persons  engaged  in  any  occupation  in  which  women,  learners  and 
apprentices  and  minors  are  employed,  it  shall  become  the  duty  of  the 
commission  to  make  such  investigation  as  is  herein  provided.  To  this  end, 
said  commission  shall  have  full  power  and  authority  to  call  for  state- 
ments and  to  examine,  either  through  its  members  or  other  authorized 
representatives,  all  pay-rolls  or  other  wage  records  of  all  persons,  firms 
or  corporations  employing  women,  learners  and  apprentices  and  minors 
as  to  any  matter  that  would  have  a  bearing  upon  the  question  of  wages, 
hours,  or  labor  conditions  of  such  employees.  [G.  S.  1915,  §  10499.] 

§  238.  Employers  of  women,  learners  and  apprentices,  and  minors  to 
keep  register  of  persons  employed;  inspection  of  register  by  commission, 
etc.  That  every  employer  of  women  or  of  learners  and  apprentices,  or  of 
minors  shall  keep  a  register  of  all  such  persons  employed  by  him  in  such 
form  as  the  commission  shall  prescribe;  and  every  such  employer  shall  on 
request  permit  the  commission,  or  any  of  its  members,  or  agents  to  inspect 
such  register.  [G.  S.  1915,  §  10500.] 

83 


§§239-241]  INDUSTRIAL  WELFARE  COMMISSION.  [Ch.  21 

§  239.  Commission  may  hold  public  hearings  for  purpose  of  investi- 
gation; persons  may  appear  and  give  testimony;  subpcena  witnesses; 
oaths;  production  of  records,  etc.;  findings  and  report;  order  of  commis- 
sion; compensation  of  witnesses  for  travel  and  attendance.  That  the  com- 
mission may  hold  public  hearings  at  such  times  and  places  as  it  deems 
fit  and  proper  for  the  purpose  of  investigating  any  matters  it  is  author- 
ized to  investigate  by  this  act.  At  any  such  public  hearings,  any  employee, 
or  employer  or  other  interested  person  may  appear  and  give  testimony  as 
to  wages,  hours,  sanitation  and  other  pertinent  conditions  of  the  occupa- 
tion or  industry  under  investigation.  The  commission  or  any  member 
thereof  shall  have  power  to  subpoena  witnesses,  to  administer  oaths,  to 
compel  the  production  of  all  wage  records,  papers,  and  other  evidence,  and 
to  make  findings  and  report  such  findings  to  the  commission ;  but  no  order 
shall  be  made  by  less  than  a  majority  of  the  commission.  Witnesses  sub- 
poenaed by  the  commission  may  be  allowed  such  compensation  for  travel 
and  attendance  as  the  commission  may  deem  reasonable,  to  an  amount 
not  exceeding  the  usual  mileage  and  per  diem  allowed  by  statute  to  wit- 
nesses in  civil  cases  in  the  district  court.  [G.  S.  1915,  §  10501.] 

§  240.  Commission  may  establish  a  wage,  hour  or  sanitary  board  after 
investigation  of  any  occupation ;  members  of  board ;  rules  and  regulations 
governing  selection  of  members  of  board  and  modes  of  procedure  of 
board;  jurisdiction  of  commission;  compensation  of  members  of  board. 
That  if  after  investigation  the  commission  is  of  the  opinion  that  in  any 
occupation  the  wages,  hours  and  conditions,  sanitary  and  otherwise,  are 
prejudicial  to  the  health  or  welfare  of  any  substantial  number  of  the 
classes  of  employees  named  in  this  act  and  are  inadequate  to  supply  the 
necessary  cost  of  living  and  to  maintain  the  worker  in  health  it  shall  es- 
tablish a  wage,  hour  or  sanitary  board  as  the  conditions  developed  may 
demand,  which  shall  hereinafter  be  described  as  the  "board"  consisting 
of  not  less  than  three  representatives  of  employers  in  the  occupation  in 
question,  of  an  equal  number  of  persons  to  represent  the  employees  in 
the  occupation  in  question,  and  of  one  or  more  disinterested  persons  ap- 
pointed by  the  commission  to  represent  the  public,  and  shall  make  rules 
and  regulations  governing  the  selection  of  members  and  the  modes  of 
procedure  of  the  board,  and  shall  exercise  exclusive  jurisdiction  over  all 
questions  arising  with  reference  to  the  validity  of  the  procedure  and  of 
the  determinations  of  the  board.  The  members  of  the  board  shall  be  com- 
pensated at  the  same  rate  as  jurors  in  civil  cases  in  the  district  court, 
and  they  shall  be  allowed  the  necessary  traveling  and  clerical  expenses 
incurred  in  the  performance  of  their  duties.  [G.  S.  1915,  §  10502.] 

§  241.  Commission  to  transmit  information  to  board;  duties  of  board 
in  determining  minimum  wage  required  to  supply  cost  of  living  and  num- 
ber of  hours  and  sanitary  conditions;  different  minima  hours  and  stand- 
ards for  different  localities;  determination  of  majority  of  board  to  be  re- 
ported to  commission  with  reasons  and  facts.  That  the  commission  may 
transmit  to  each  board  all  pertinent  information  in  its  possession  relative 
to  the  wages,  hours  and  sanitary  conditions  of  the  occupation  in  question. 
Each  board  shall  endeavor  to  determine  the  minimum  wage,  whether  by 
time-rate  or  piece-rate,  required  in  the  case  of  a  woman  worker  of  ordi- 
nary ability  in  the  occupation  in  question  to  supply  the  necessary  cost  of 
living  and  the  number  of  hours  and  other  sanitary  conditions  necessary 
to  maintain  her  health,  and  suitable  minimum  wages,  hours,  and  sanitary 
conditions  for  learners  and  apprentices,  and  minors:  Provided,  however, 

84 


«h.  21]  INDUSTRIAL  WELFARE  COMMISSION.  [§§  242-245 

That  such  board  may  recommend  different  minima  hours  and  standards 
for  each  class  in  an  occupation  of  different  localities  in  the  state,  when, 
in  the  judgment  of  said  board,  the  different  conditions  obtaining  justify 
such  action.  When  a  majority  of  the  members  of  a  board  shall  agree 
upon  minimum  wage,  standard  of  hours,  or  sanitary  determinations,  they 
shall  report  such  determinations  to  the  commission,  together  with  the 
reasons  therefor  and  the  facts  relating  thereto.  [G.  S.  1915,  §  10503.] 

§  242.  Action  of  commission  on  report  of  board ;  notice  of  public  hear- 
ing; order  to  be  made  by  commission  effective  in  sixty  days;  commission 
to  mail  copy  of  order  to  employers;  posting  of  order.  That  upon  receipt 
of  the  report  of  the  determinations  of  a  board,  the  commission  shall  con- 
sider and  review  the  same ;  and  it  may  approve  any  or  all  of  such  determi- 
nations or  disapprove  any  or  all  of  them;  and  it  may  resubmit  to  the 
same  board,  or  a  new  board,  any  subject  covered  by  any  determinations 
so  disapproved.  If  the  commission  approves  any  determination  contained 
in  a  report  from  a  board,  it  shall  publish  a  notice,  not  less  than  once  a 
week  for  four  successive  weeks  in  the  official  state  paper,  that  it  will  on  a 
date  and  at  a  place  named  in  said  notice,  hold  a  public  meeting  at  which 
all  persons  in  favor  of  or  opposed  to  said  recommendations  will  be  given  a 
hearing;  and,  after  said  publication  of  said  notice  and  said  meeting,  the 
commission  may,  in  its  discretion,  make  and  render  such  an  order  as  may 
be  proper  or  necessary  to  adopt  such  determinations  and  carry  the  same 
into  effect,  and  require  all  employers  in  the  occupation  affected  thereby  to 
observe  and  comply  with  such  determinations  and  said  order.  Said  order 
shall  become  effective  in  sixty  days  after  it  is  made  and  rendered  and 
shall  be  in  full  force  and  effect  on  and  after  the  sixtieth  day  following  its 
making  and  rendition.  The  commission  shall,  in  so  far  as  it  is  practicable, 
mail  a  copy  of  any  such  order  to  every  employer  affected  thereby;  and 
every  employer  affected  by  any  such  order  shall  keep  a  copy  thereof 
posted  in  a  conspicuous  place  in  each  room  in  his  establishment.  [G.  S. 
1915,  §  10504.] 

§  243.  Commission  may  reopen  question  of  wages,  hours,  or  conditions 
of  labor  and  reconvene  former  board  or  call  a  new  one;  determinations  of 
board.  That  whenever  wages,  hours,  or  conditions  of  labor  have  been 
made  mandatory  in  any  occupation,  upon  petition  of  either  employers  or 
employees,  the  commission  may  at  its  discretion  reopen  the  question  and 
reconvene  the  former  board  or  call  a  new  one,  and  any  determinations 
made  by  such  board  shall  be  dealt  with  in  the  same  manner  as  were  the 
original  determinations.  [G.  S.  1915,  §  10505.] 

§  244.  Commission  may  issue  special  license  to  employees  who  are 
physically  defective  or  crippled,  etc.,  authorizing  employment  of  such 
persons  for  less  number  of  hours,  etc.  That  for  any  occupation  in  which 
only  a  minimum  time  wage  has  been  established,  the  commission  may 
issue  to  an  employee  physically  defective  or  crippled,  or  of  less  than  ordi- 
nary ability,  or  learners,  apprentices  and  minors  a  special  license  author- 
izing the  employment  of  such  person  at  a  wage  and  for  a  number  of  hours 
less  than  that  fixed  by  said  commission  to  be  stated  in  said  license. 
[G.  S.  1915,  §  10506.] 

§245.  Definition  of  terms  used  in  this  act;  "occupation";  "learners" 
and  "apprentices";  separate  inquiry  into  and  report  on  any  branch  of 
occupation;  separate  order;  "minor";  "women";  definitions  of  "learner" 
and  "apprentice";  rules  and  regulations.  That  the  word  "occupation"  as 

85 


§§  246-248]  INDUSTRIAL  WELFARE  COMMISSION.  [Ch.  21 

used  in  this  act  shall  be  so  construed  as  to  include  any  and  every  vocation 
and  pursuit  and  trade  and  industry.  The  words  "learners"  and  "appren- 
tices" shall  include  only  such  learners  and  apprentices  as  are  minors  or 
are  women.  Any  board  may  make  a  separate  inquiry  into  and  report 
on  any  branch  of  any  occupation;  and  the  commission  may  make  a  sep- 
arate order  affecting  any  branch  of  any  occupation.  A  "minor"  shall 
mean  a  person,  male  or  female,  under  eighteen  years  of  age.  A  "women" 
[woman]  shall  mean  any  female  eighteen  years  of  age  and  over.  Any 
board  may  include  in  its  determinations  definitions  of  "learner"  and 
"apprentice"  and  the  commission  shall  have  power  to  make  such  rules 
and  regulations  and  to  issue  such  orders  relating  to  the  same  as  it  deems 
necessary  to  make  effective  the  object  of  this  act.  [G.  S.  1915,  §  10507.] 

§  246.  Employer,  employee,  etc.,  may  bring  action  to  vacate  and  set 
aside  order,  ruling  or  holding;  time  for  bringing  action;  burden  of  proof; 
attorney-general  to  appear  for  commission;  action  advanced  over  other 
actions;  appeal  from  district  court;  orders,  etc.,  in  effect  pending  appeal; 
service  on  member  of  board.  Any  employer  or  employee  or  other  person 
who  shall  be  interested  therein,  who  shall  be  dissatisfied  with  any  order, 
ruling  or  holding  of  the  commission  may,  within  thirty  days  from  the  mak- 
ing thereof,  commence  an  action  in  the  district  court  of  Shawnee  county 
or  in  the  district  court  in  the  county  in  which  the  person  so  complaining 
shall  reside  or  have  his  principal  place  of  business  against  the  industrial 
welfare  commission,  as  defendant,  to  vacate  and  set  aside  such  order, 
ruling  or  holding  on  the  ground  that  the  same  is  unauthorized  by  law, 
confiscatory  or  unreasonable,  and  in  any  such  action  all  determinations 
of  questions  of  fact  which  shall  have  been  made  by  the  commission  under 
the  foregoing  provisions  of  this  act  shall  be  presumed  to  be  correct 
and  the  burden  of  proof  shall  be  upon  the  plaintiff  to  show  the  incor- 
rectness of  such  determinations.  In  all  such  actions,  the  attorney-general 
shall  appear  for  and  represent  such  commission.  All  such  actions  shall 
have  preference  in  any  court  and  on  motion  shall  be  advanced  over  any 
civil  cause  of  a  different  nature  pending  in  such  court  and  such  actions 
shall  be  tried  and  determined  as  other  civil  actions.  Appeal  from  any 
decision  of  the  district  court  may  be  taken  from  the  district  court  to  the 
supreme  court  in  the  same  manner  as  provided  by  law  in  other  civil 
actions  and  shall  have  precedence  in  the  supreme  court  over  civil  cases 
of  a  different  nature.  During  the  pendency  of  any  such  action  the  orders, 
rulings  and  holdings  complained  cf  shall,  unless  temporarily  stayed  or  en- 
joined by  the  court,  remain  in  full  force  and  effect  until  final  judgment. 
Service  of  summons  on  any  member  of  the  board  shall  be  sufficient  service 
on  the  board.  [G.  'S.  1915,  §  10508.] 

§247.  Violation  of  act  a  misdemeanor;  penalty.  That  a  violation  of 
any  provision  of  this  act  shall  constitute  a  misdemeanor,  and  any  one 
convicted  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
($25)  dollars,  nor  more  than  one  hundred  ($100)  dollars  for  each  such 
misdemeanor.  [G.  S.  1915,  §  10509.] 

§  248.  Penalty  for  discharge  of  employee  or  discrimination  against 
employee  because  of  signing  a  request  for  investigation  of  wages,  etc., 
or  because  of  such  person  testifying,  etc.  That  any  employer  who  dis- 
charges, or  in  any  other  manner  discriminates  against  any  employee 
because  such  employee  has  signed  or  agreed  to  sign  any  request  to  the 
commission  to  investigate,  wages,  hours,  or  sanitary,  or  other  labor  con- 

86 


Ch.  21]  INDUSTRIAL  WELFARE  COMMISSION.  [§§  249-253 

ditions,  or  has  testified  or  is  about  to  testify,  or  because  such  employer 
believes  that  said  employee  may  testify  in  any  investigation  or  proceed- 
ings or  sign  any  request  relative  to  the  enforcement  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  ($25)  dollars  nor  more 
than  one  hundred  ($100)  dollars  for  each  such  misdemeanor.  [G.  S. 
1915,  §  10510.] 

§  249.  Penalty  for  employment  of  woman,  or  minor,  learner  or  appren- 
tice at  less  than  minimum  wage,  for  greater  number  of  hours,  etc.,  than 
fixed  by  commission;  recovery  in  civil  action  of  minimum  wage,  for  over- 
time, etc.,  regardless  of  agreement;  costs  and  attorney's  fees.  That  any 
employer  who  employs  any  woman,  or  minor,  learner  or  apprentice  in 
any  occupation  at  less  than  the  minimum  wage  or  for  a  greater  number 
of  hours  in  a  day  or  week  fixed  or  under  sanitary  or  other  conditions  for- 
bidden by  order  or  license  issued  by  the  commission,  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  ($25)  dollars  nor  more  than  one  hundred 
($100)  dollars  for  each  such  misdemeanor.  Any  woman  or  minor  or 
learner  or  apprentice  who  shall  receive  less  than  the  minimum  wage  or 
shall  be  compelled  to  work  for  a  greater  number  of  hours  than  that  fixed 
by  order  or  license  issued  by  the  commission,  shall  be  entitled  to  recover 
in  a  civil  action  the  full  amount  of  the  legal  minimum  wage,  and  com- 
pensation at  the  same  rate  for  the  number  of  hours  of  overtime  work  as 
herein  provided  for,  together  with  costs  and  attorney's  fees  to  be  fixed  by 
the  court,  notwithstanding  any  agreement  to  work  for  such  lesser  wage 
or  greater  number  of  hours.  In  such  action,  however,  the  employer  shall 
be  credited  with  any  wages  which  have  been  paid  on  account.  [G.  S.  1915, 
§  10511.] 

§  250.  Commission  to  investigate  whether  employers  or  employees  are 
complying  with  orders,  etc.;  prosecution  of  persons  not  complying  with 
orders.  That  the  commission  shall,  from  time  to  time,  investigate  and 
ascertain  whether  or  not  employers  or  employees  in  the  state  of  Kansas 
are  observing  and  complying  with  its  orders  and  take  such  steps  as  may 
be  necessary  to  have  prosecuted  such  employers  and  employees  as  are  not 
observing  and  complying  with  its  orders.  [G.  S.  1915,  §  10512.] 

§  251.  Commissioner  of  labor  and  inspectors  of  bureau  of  labor  to  give 
information  and  statistics  to  commission  and  assist  commission  in  carry- 
ing out  act.  That  the  commissioner  of  labor  and  the  several  inspectors  of 
the  bureau  of  labor  shall,  at  any  and  all  times,  give  to  the  commission  any 
information  or  statistics  in  their  respective  offices  that  may  assist  said 
commission  in  carrying  out  this  act  and  render  such  assistance  to  said 
commission  as  may  not  be  inconsistent  with  the  performance  of  their 
respective  official  duties.  [G.  S.  1915,  §  10513.] 

§  252.  Commission  to  make  biennial  report  to  the  governor  and  the 
legislature;  printing  and  distribution  of  report.  That  the  commission 
shall  biennially  make  a  report  to  the  governor  and  legislature  of  its  in- 
vestigations and  proceedings,  and  such  reports  shall  be  printed  and  distrib- 
uted as  in  the  case  of  other  executive  documents.  [G,  S.  1915,  §  10"514.] 

§  253.  Act  construed  as  supplemental  to  existing  laws.  That  this  act 
is  to  be  construed  as  supplemental  to  existing  laws  regulating  the  em- 
ployment of  women,  learners  and  apprentices  and  minors.  [G.  S.  1915, 
§  10515.] 

87 


§§  254,  255] 


INJUNCTIONS  IN  LABOR  CASES. 


[Ch.2€ 


CHAPTER  22.— INJUNCTIONS  IN  LABOR  CASES. 


5254.  Injunctions  in  cases  involving  em- 
ployers, employees  or  persons  seek- 
ing employment;  notice  and  op- 
portunity to  be  heard;  service  of 
notice  and  copy  of  pleadings ;  tem- 
porary restraining  order  without 
notice  in  certain  cases;  record  to 
be  made  of  such  order ;  expira- 
tion of  order ;  extension ;  reasons 
for  extension  entered  of  record. 
25o.  Restraining  order  of  interlocutory 
order  .of  injunction  not  to  issue 
except  upon  giving  security ; 
amount  and  conditions. 


§256.  Order  of  injunction  or  restraining 
order  to  set  forth  reasons  for  is- 
suance of  same;  description  t>f 
acts  sought  to  be  restrained  with- 
out reference  to  petition,  etc. ;  per- 
sons bound  by  such  order. 
257.  Restraining  order  or  injunction  »ot 
to  be  granted  in  cases  involving 
employers,  employees  or  persons 
seeking  employment  unless  neces- 
sary to  prevent  injury,  etc. ;  suffi- 
ciency of  application  ;  verification  ; 
acts  which  shall  not  be  prohibited 
by  such  restraining  order  or  in- 
junction. 


LAWS  OF  1913,  CH.  233. 

AN  ACT  concerning  injunctions  in  certain  cases,  and  regulating  the  issxiance,   terms  and 
conditions  of  the  same  by  the  courts  of  the  state  of  Kansas. 

§  254.  Injunctions  in  cases  involving  employers,  employees  or  persons 
seeking  employment;  notice  and  opportunity  to  be  heard;  service  of  notice 
and  copy  of  pleadings;  temporary  restraining  order  without  notice  in 
certain  cases;  record  to  be  made  of  such  order;  expiration  of  order;  ex- 
tension; reasons  for  extension  entered  of  record.  That  no  injunction 
whether  interlocutory  or  permanent,  in  any  case  between  any  employer 
and  employee,  or  between  employers  and  employees,  or  between  em- 
ployees, or  between  persons  employed  and  persons  seeking  employment, 
involving  or  growing  out  of  a  dispute  concerning  terms,  or  conditions 
of  employment  shall  be  issued  without  previous  notice,  and  an  opportu- 
nity to  be  heard  on  behalf  of  the  parties  to  be  enjoined,  which  notice, 
together  with  a  copy  of  the  motion,  petition  or  other  pleading  upon  which 
the  application  for  such  injunction  will  be  based,  shall  be  served  upon 
the  parties  sought  to  be  enjoined  a  reasonable  time  in  advance  of  such 
application.  But  if  it  shall  appear  to  the  satisfaction  of  the  court  or 
judge  that  immediate  and  irreparable  injury  is  likly  to  ensue  to  the  com- 
plainant, and  that  the  giving  of  notice  of  the  application  or  the  delay 
incident  thereto  would  probably  permit  the  doing  of  the  act  sought 
to  be  restrained  before  notice  could  be  served  or  hearing  had  thereon, 
the  court  or  judge,  may,  in  his  discretion,  issue  a  temporary  restraining 
order  without  notice.  Every  such  order  shall  be  indorsed  of  record,  shall 
define  the  injury  and  state  why  it  is  irreparable  and  why  the  order  was 
granted  without  notice,  and  shall  by  its  terms  expire  within  such  time 
after  entry,  not  to  exceed  seven  days,  as  the  court  or  judge  may  fix, 
unless  within  the  time  so  fixed  the  order  is  extended  or  renewed  for  a 
like  period,  after  notice  to  those  previously  served,  if  any,  and  for  good 
cause  shown,  and  the  reasons  for  such  extension  shall  be  entered  of 
record.  [G.  S.  1915,  §  7146.] 

§  255.  Restraining  order  or  interlocutory  order  of  injunction  not  to 
issue  except  upon  giving  of  security ;  amount  and  conditions.  That  no  re- 
straining order  or  interlocutory  order  of  injunction  shall  issue  except 
upon  the  giving  of  security  by  the  applicant  in  such  sum  as  the  court  or 
judge  may  deem  proper,  conditioned  upon  the  payment  of  such  costs 
and  damages  as  may  be  incurred  or  suffered  by  any  party  who  may  be 
found  to  have  been  wrongfully  enjoined  or  restrained  thereby.  [G.  S. 
1915,  §  7147.] 


88 


•h.  22]  INJUNCTIONS  IN  LABOR  CASES.  [§§  256, 257 

§  256.  Order  of  injunction  or  restraining  order  to  set  forth  reasons 
for  issuance  of  same;  description  of  acts  sought  to  be  restrained  without 
reference  to  petition,  etc. ;  persons  bound  by  such  order.  That  every  order 
of  injunction  or  restraining  order  shall  set  forth  the  reasons  for  the  issu- 
ance of  the  same,  shall  be  specific  in  terms,  and  shall  describe  in  reason- 
able detail,  and  not  by  reference  to  the  petition,  motion  or  other  document, 
the  act  or  acts  sought  to  be  restrained ;  and  shall  be  binding  only  upon  the 
parties  to  the  suit,  their  agents,  servants,  employees  and  attorneys,  or 
those  in  active  concert  with  them,  and  who  shall  by  personal  service  or 
otherwise  have  received  actual  notice  of  the  same.  [G.  S.  1915,  §  7148.] 

§  257.  Restraining  order  or  injunction  not  to  be  granted  in  cases  in- 
volving employers,  employees  or  persons  seeking  employment  unless 
necessary  to  prevent  injury,  etc.;  sufficiency  of  application;  verification; 
acts  which  shall  not  be  prohibited  by  such  restraining  order  or  injunction. 
That  no  restraining  order  or  injunction  shall  be  granted  by  any  court  of 
the  state  of  Kansas,  or  a  judge  or  the  judges  thereof,  in  any  case  between 
an  employer  and  employee,  or  between  employers  and  employees,  or  be- 
tween employees,  or  between  persons  employed  and  persons  seeking  em- 
ployment, involving  or  growing  out  of  a  dispute  concerning  terms  or 
conditions  of  employment,  unless  necessary  to  prevent  irreparable  injury 
to  property  or  to  a  property  right  of  the  party  making  the  application,  for 
which  injury  there  is  no  adequate  remedy  at  law,  and  such  property  or 
property  right  must  be  described  with  particularity  in  the  application, 
which  must  be  in  writing  and  sworn  to  by  the  applicant  or  by  his  agent  or 
attorney.  And  no  such  restraining  order  or  injunction  shall  prohibit  any 
person  or  persons  from  terminating  any  relation  of  employment,  or  from 
ceasing  to  perform  any  work  or  labor,  or  from  recommending,  advising, 
or  persuading  others  by  peaceful  means  to  do  so ;  or  from  attending  at  or 
near  a  house  or  place  where  any  person  resides  or  works,  or  carries  on 
business,  or  happens  to  be  for  the  purpose  of  peacefully  obtaining  or  com- 
municating information,  or  of  peacefully  persuading  any  person  to  work 
or  to  abstain  from  working;  or  from  ceasing  to  patronize  or  to  employ  any 
party  to  such  dispute;  or  from  recommending,  advising,  or  persuading 
others  by  peaceful  means  to  do  so;  or  from  paying  or  giving  to  or  with- 
holding from  any  person  engaged  in  such  dispute  any  strike  benefits  or 
other  moneys  or  things  of  value;  or  from  peaceably  assembling  at  any 
place  in  a  lawful  manner  and  for  lawful  purposes ;  or  from  doing  any  act 
or  thing  which  might  lawfully  be  done  in  the  absence  of  such  dispute  by 
any  party  thereto.  [G.  S.  1915,  §  7149.] 


§258] 


LIENS  FOR  LABOR. 


[Ch.  23,  Art.  1 


CHAPTER  23.— LIENS  FOR  LABOR. 

Article  1.  Liens  on  Personal  Property.    §§  258-266. 

2.  Liens  on  Oil  and  Gas  Leaseholds.    §§  267-270. 

3.  Mechanics*  Liens.     §§  271-281. 

4.  Bond  to  Secure  Payment  of  Claims.*    §§  282-284. 


ARTICLE  1.— Liens  on  Personal  Property. 


§258.  Lien  of  mechanic,  artisan  or  trades- 
man on  personal  property  altered 
or  repaired ;  sale  of  such  property 
after  six  months ;  statement  to  be 
filed  with  register  of  deeds  when 
property  taken  away  without  pay- 
ment being  made;  contents  of 
statement ;  lien  on  property ;  me- 
chanic, etc.,  entitled  to  possession 
.if  claim  not  paid  within  six 
months;  sale  of  property. 

259.  Notice  of   sale  of  personal  property; 

service  of  notice  on  owner ;  pub- 
lication of  notice ;  posting  of  no- 
tices when  value  of  property  does 
not  exceed  twenty  dollars. 

260.  Sales    to    be    at    public    auction    for 

cash. 

261.  Proceeds    of    sale,    after    payment    of 

charges    and    expenses,    to    be    de- 


posited with  county  treasurer  if 
owner  be  absent. 

262.  Copies    of    notices,    proof    of    publica- 

tion, posting,  etc.,  and  affidavit  of 
mechanic,  etc.,  to  be  filed  and 
kept  in  county  clerk's  office;  cer- 
tified copies  presumptive  evidence. 

263.  Voluntary       delivery       of       property 

deemed  abandonment  of  lien ; 
waiver  by  special  contract. 

264.  Lien  of  blacksmith,  horseshoer,   wag- 

onmaker,  keeper  of  garage,  etc., 
on  goods,  chattels,  horses,  mules, 
wagon,  buggies,  automobiles,  farm 
implements,  etc.,  for  services  and 
materials  in  making  repairs,  etc. 

265.  Lien  to  be  filed  for  record   with  re- 

corder of  county  within  sixty  days. 

266.  Lien     enforced     and     foreclosed     as 

chattel    mortgages. 


LAWS  OF  1872,  CH.  142,  AS  AMENDED  BY  LAWS  OF  1903,  CH.  383. 

AN  ACT  to  amend  chapter  58,  General  Statutes,  relating  to  liens  upon  personal  property. 

§  258.  Lien  of  mechanic,  artisan  or  tradesman  on  personal  property 
altered  or  repaired;  sale  of  such  property  after  six  months;  statement  to 
be  filed  with  register  of  deeds  when  property  taken  away  without  pay- 
ment being  made;  contents  of  statement;  lien  on  property;  mechanic,  etc.; 
entitled  to  possession  if  claim  not  paid  within  six  months;  sale  of  prop- 
erty. Whenever  any  person  shall  intrust  to  any  mechanic,  artisan  or 
tradesman  materials  to  so  construct,  alter  or  repair  any  article  of  value, 
or  any  article  of  value  to  be  altered  or  repaired,  such  mechanic,  artisan  or 
tradesman  shall  have  a  lien  on  such  article,  and,  if  the  same  be  completed 
and  not  taken  away,  and  his  fair  and  reasonable  or  stipulated  charges  be 
not  paid,  may,  after  six  months  from  the  time  such  charges  become  due, 
sell  the  same;  or,  if  the  same  be  susceptible  of  division  without  injury,  he 
may  sell  so  much  thereof  as  is  necessary  to  pay  such  charges  and  the  ex- 
penses of  publication  and  sale,  as  hereinafter  provided:  Provided,  That 
on  the  completion  of  said  repairs  or  alteration,  at  the  request  of  the 
owner  of  said  property  so  intrusted,  or  of  his  duly  authorized  agent,  the 
said  mechanic,  artisan  or  tradesman  may  permit  the  same  to  be  taken 
away  without  having  been  paid  for,  and  shall  be  entitled  to  retain  his  lien 
on  said  property  as  aforesaid,  by  filing  in  the  office  of  the  register  of 
deeds  of  the  county  where  said  property  was  so  altered  or  repaired,  within 
three  days  after  the  said  property  is  so  taken  away,  a  statement  in  writ- 
ing, signed  by  the  said  mechanic,  artisan,  or  tradesman,  showing  the 
name  of  the  owner  of  the  property,  the  name  of  the  mechanic,  artisan,  or 
tradesman,  the  name  of  the  article,  the  date  of  the  charge  for  same,  the 
amount  due,  and  the  said  statement  shall  constitute  a  lien  on  the  property 

*  For  act  requiring  railroad  company  to  take  bond  from  contractor  for  protection  of 
laborers,  mechanics,  and  material-men,  see  §§  431,  ,432,  post. 

90 


Ch.  23,  Art.  1]  LIENS  FOR  LABOR.  [§§  259-263 

from  the  time  of  filing  the  same  until  the  amount  of  the  charges  for  so 
altering  or  repairing  the  property  shall  be  paid;  and  if  the  same  be  not 
paid  within  six  months  from  the  time  of  filing  said  statement,  the  me- 
chanic, artisan  or  tradesman  shall  be  entitled  to  the  possession  of  the 
property,  and  after  obtaining  such  possession  may  proceed  to  sell  the  same 
as  hereinbefore  mentioned.  [G.  S.  1915,  §  6082.] 

Civil  engineer  has  lien  on  field-notes,  maps,  etc.  Irrigation  Co.  v.  Briesen,  1  K.  A.  758. 
Lien  not  destroyed  by  agreement  postponing  payment  for  labor,  etc.  Olson  v.  Orr, 

94  K.  38. 
Compliance    with    statute;    possession    held    not    surrendered    to    owner.       Olson    v.    Orr, 

94  K.  38. 
Work,  etc.,  must  be  at  owner's  request  or  with  consent.     Olson  v.  Orr,  94  K.  38. 

§  259.  Notice  of  sale  of  personal  property;  service  of  notice  on  owner; 
publication  of  notice;  posting  of  notices  when  value  of  property  does  not 
exceed  twenty  dollars.  Before  any  such  property  shall  be  sold,  if  the 
name  and  residence  of  the  owner  thereof  be  known,  at  least  twenty  days' 
notice  of  such  sale  shall  be  given  him  in  writing,  either  personally  or  by 
mail,  or  by  leaving  a  notice  in  writing  at  his  residence  or  place  of  doing 
business;  but  if  the  name  and  residence  be  not  known,  the  person  having 
the  possession  of  such  property  shall  cause  a  notice  of  the  time  and  place 
of  sale,  and  containing  a  description  of  the  property,  to  be  published  at 
least  once  a  week  for  the  space  of  three  weeks  successively,  in  a  news- 
paper, if  there  be  one  published  in  the  county  where  such  sale  is  adver- 
tised to  take  place;  if  there  be  no  newspaper  published  in  such  county, 
then  said  notice  shall  be  published  in  some  newspaper  of  general  circula- 
tion in  such  county.  If  the  value  of  the  property  does  not  exceed  twenty 
dollars,  such  notice  may  be  given  by  written  or  printed  handbills  posted 
up  in  at  least  five  public  places  in  the  township  or  city  where  the  bailee 
resides  or  the  sale  is  to  take  place,  one  of  which  shall  be  in  a  conspicuous 
part  of  the  bailee's  place  of  business.  [G.  S.  1915,  §  6087.] 

§  260.  Sales  to  be  at  public  auction  for  cash.  All  sales  under  this  act 
shall  be  at  public  auction,  for  cash.  [G.  S.  1915,  §  6088.] 

§  261.  Proceeds  of  sale,  after  payment  of  charges  and  expenses,  to  be 
deposited  with  county  treasurer  if  owner  be  absent.  The  proceeds  of  such 
sale,  after  the  payment  of  charges  and  the  expenses  of  publication  and 
sale,  shall,  if  the  owner  be  absent,  be  deposited  with  the  treasurer  of  the 
county  where  the  sale  takes  place  by  the  person  making  such  sale,  he 
taking  the  treasurer's  receipt  therefor,  and  shall  be  subject  to  the  order  of 
the  person  legally  entitled  thereto.  [G.  S.  1915,  §  6089.] 

§  262.  Copies  of  notices,  proof  of  publication,  posting,  etc.,  and  affi- 
davit of  mechanic,  etc.,  to  be  filed  and  kept  in  county  clerk's  office;  certi- 
fied copies  presumptive  evidence.  Copies  of  the  notices  required  by  this 
act,  and  proof  of  the  publication,  posting  or  giving  thereof,  and  an  affi- 
davit of  the  mechanic,  artisan,  tradesman,  carrier  or  other  bailee,  or  some 
competent  agent  or  witness  in  his  behalf,  setting  forth  his  claim  and  the 
actual  expense  of  the  publication  and  sale,  shall  be  filed  and  kept  in  the 
county  clerk's  office  of  the  county  where  the  sale  takes  place,  and  the  same 
or  copies  thereof  duly  certified  by  such  clerk  shall  be  received  as  pre- 
sumptive evidence  of  the  matters  therein  contained.  [G.  S.  1915,  §  6090.] 

§  263.  Voluntary  delivery  of  property  deemed  abandonment  of  lien; 
waiver  by  special  contract.  The  voluntary  delivery  to  the  owner  or  claim- 
ant of  any  personal  property  by  any  person  claiming  a  lien  thereon,  as 
provided  in  this  act,  shall  be  held  to  be  an  abandonment  of  such  lien,  and 
such  lien  may  also  be  waived  by  special  contract.  [G.  S.  1915,  §  6091.] 

91 


264-267] 


LIENS  FOR  LABOR. 


[Ch.  23,A»t.2 


LAWS  OF  1913,  CH.  218,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  232. 

AN  ACT  creating  a  lien  on  personal  property. 

§  264.  Lien  of  blacksmith,  horseshoer,  wagonmaker,  keeper  of  garage, 
etc.,  on  goods,  chattels,  horses,  mules,  wagons,  buggies,  automobiles,  farm 
implements,  etc.,  for  services  and  materials  in  making  repairs,  etc.  That 

a  first  and  prior  lien  is  hereby  created  in  favor  of  any  blacksmith,  horse- 
shoer, wagonmaker,  keeper  of  garage,  or  any  other  person  upon  any 
goods,  chattels,  horses,  mules,  wagons,  buggies  or  other  vehicles  or  auto- 
mobiles and  any  farm  implements  of  whatsoever  kind,  which  shall  have 
come  into  the  possession  of  such  blacksmith,  horseshoer,  wagonmaker, 
keeper  of  garage,  or  any  other  person  for  the  purpose  of  having  work  on 
said  property,  or  repairs,  or  improvements  in  anywise  appertaining 
thereto,  and  said  lien  shall  amount  to  the  full  amount  and  reasonable 
value  of  the  services  performed.  And  shall  extend  to,  and  include  the 
reasonable  value  of  all  material  used  in  the  performance  of  such  services. 
[G.  S.  1915,  §  6092,  as  amended  by  Laws  1917,  ch.  232,  §  1;  March  12.] 

§  265.  Lien  to  be  filed  for  record  with  recorder  of  county  within  sixty 
days.  That  said  lien  shall  be  filed  for  record  with  the  recorder  of  the 
county  in  which  said  services  were  rendered  within  sixty  days  thereafter. 
[G.  S.  1915,  §  6093.] 

§  266.  Lien  enforced  and  foreclosed  as  chattel  mortgages.  That  said 
lien  may  be  enforced  and  foreclosed  as  chattel  mortgages  are  now  en- 
forced and  foreclosed.  [G.  S.  1915,  §  6094.] 

ARTICLE  2.— Liens  on  Oil  and  Gas  Leaseholds. 


§267.  Lien  of  contractor  on  gas  and  oil 
leasehold  or  pipe-line  for  labor 
and  material;  lien  preferred  to 
other  liens. 

268.   Lien    of    subcontractor    or    material 
man,  or  artisan  or  day  laborer  in 


employ   of   contractor,   on   gas   and 
oil  leasehold  or  pipe-line. 
§269.   Enforcement   of    lien   for   labor    and 

material. 
270.   Repeal   of    acts    in    conflict    herewith. 


LAWS  OF  1909,  CH.  159. 

AN  ACT  relating  to  liens  for  labor  and  materials  furnished  to  owners  of  leaseholds  for 
oil  and  gas  purposes  and  for  materials  and  labor  for  the  construction  of  oil  and  gas 
pipe-lines. 

§  267.  Lien  of  contractor  on  gas  and  oil  leasehold  or  pipe-line  for 
labor  and  material;  lien  preferred  to  other  liens.  Any  person,  corporation 
or  copartnership  who  shall  under  contract,  express  or  implied,  with  the 
owner  of  any  leasehold  for  oil  and  gas  purposes,  or  the  owner  of  any  gas 
pipe-line  or  oil  pipe-line,  or  with  the  trustee  or  agent  of  such  owner,  who 
shall  perform  labor  or  furnish  material,  machinery  and  oil-well  supplies 
used  in  the  digging,  drilling,  torpedoing,  completing,  operating  or  repair- 
ing of  any  oil  or  gas  well,  or  who  shall  furnish  any  oil-well  supplies  or 
perform  any  labor  in  constructing  or  putting  together  any  of  the  machin- 
ery used  in  drilling,  torpedoing,  operating,  completing  or  repairing  of 
any  gas  well,  shall. have  a  lien  upon  the  whole  of  such  leasehold  or  oil 
pipe-line  or  gas  pipe-line,  or  lease  for  oil  and  gas  purposes,  the  building 
and  appurtenances,  and  upon  the  material  and  supplies  so  furnished,  and 
upon  said  oil  and  gas  well  for  which  they  were  furnished,  and  upon  all 
the  other  oil  wells,  fixtures  and  appliances  used  in  the  operating  for  oil 
and  gas  purposes  upon  the  leasehold  for  which  said  material  and  supplies 
were  furnished  and  labor  performed.  Such  lien  shall  be  preferred  to  all 
other  liens  or  incumbrances  which  may  attach  to  or  upon  said  leasehold 


92 


Ch.  23,  Art.  3] 


LIENS  FOR  LABOR. 


[§§  268-270 


for  gas  and  oil  purposes  and  upon  any  oil  pipe-line  or  gas  pipe-line,  or 
such  oil  and  gas  wells  and  the  material  and  machinery  so  furnished  and 
the  leasehold  for  oil  and  gas  purposes  and  the  fixtures  and  appliances 
thereon  subsequent  to  the  commencement  of  or  the  furnishing  or  putting 
up  of  any  such  machinery  or  supplies.  [G.  S.  1915,  §  4996.] 

No    lien    on    oil    produced,    for    materials    furnished    in    construction.       Black    v.    Giarth, 
88  K.  338. 

§  268.  Lien  of  subcontractor  or  material  man,  or  artisan  or  day 
laborer  in  employ  of  contractor,  on  gas  and  oil  leasehold  or  pipe-line.  Any 

person,  copartnership  or  corporation  who  shall  furnish  such  machinery 
or  supplies  to  a  subcontractor  under  a  contractor,  or  any  person  who 
shall  perform  such  labor  under  a  subcontract  with  a  contractor,  or  who 
as  an  artisan  or  day  laborer  in  the  employ  of  such  contractor,  and  who 
shall  perform  any  such  labor,  may  obtain  a  lien  upon  said  leasehold  for 
oil  and  gas  purposes  or  any  gas  pipe-line  or  any  oil  pipe-line  from  the 
same  tank  and  in  the  same  manner  and  to  the  same  extent  as  the  original 
contractor  for  the  amount  due  him  for  such  labor,  as  provided  in  sec- 
tion 1  of  this  act.  [G.  S.  1915,  §  4997.] 

§  269.  Enforcement  of  lien  for  labor  and  material.  The  liens  herein 
created  shall  be  enforced  in  the  same  manner,  and  notice  of  the  same 
shall  be  given  in  the  same  manner,  and  the  material-man's  statement  or 
the  lien  of  any  laborer  herein  mentioned  shall  be  filed  in  the  same  manner 
as  provided  for  in  sections  2  and  3  of  chapter  168,  Session  Laws  of  Kan- 
sas for  the  year  1899,  and  all  actions  brought  for  the  purpose  of  en- 
forcing any  such  liens  shall  be  governed  by  article  27,  chapter  80  of  pro- 
cedure civil,  as  provided  in  the  General  Laws  of  Kansas  for  the  year 
1901.  [G.  S.  1915,  §  4998.] 

''Sections  2  and  3  of  chapter  168,  Session  Laws  of  Kansas  for  the  year  1899," 
mentioned  herein,  relate  to  assignment  of  real-estate  mortgages  and  not  to  the  filing 
of  statements  for  liens.  Sections  2  and  3  of  chapter  168,  Session  Laws  of  Kansas  for 
the  year  1889,  however,  do  relate  to  the  filing  of  lien  statements,  and  are  undoubtedly 
the  statute  which  should  have  been  referred  to  in  the  foregoing  section.  Said  chapter 
168  of  the  Laws  of  1889  was  printed  as  a  part  of  chapter  80  of  the  General  Statutes 
of  1901,  which  said  chapter  was  repealed  and  superseded  by  chapter  182  of  the  Laws 
of  1909.  Sections  7558  and  7559  of  the  General  Statutes  of  1915  contain  the  same 
general  provisions  as  sections  2  and  3  of  chapter  168  of  the  Laws  of  1889. 

"Article  27,  chapter  80  of  procedure  civil,  as  provided  in  the  General  Laws  of 
Kansas  for  the  year  1901,"  mentioned  in  the  foregoing  section,  relates  to  "liens  of 
mechanics  and  others,"  the  general  provisions  of  which  are  continued  in  article  27, 
chapter  93  of  the  General  Statutes  of  1915.  However,  the  matter  contained  in  the 
General  Statutes  of  1915  in  the  article  and  chapter  mentioned  is  a  later  enactment 
than  that  referred  to  in  the  General  Statutes  of  1901. 

§  270.  Repeal  of  acts  in  conflict  herewith.  All  acts  and  parts  of  apts 
in  conflict  with  this  act  are  hereby  repealed.  [G.  S.  1915,  §  4999.] 

ARTICLE  3.— Mechanics'  Liens. 


§8T1.  Persons  entitled  to  mechanic's  lien; 
lien  upon  whole  piece  or  tract  of 
land,  the  building  and  appurte- 
nances; such  liens  preferred  to 
other  liens,  etc.,  attaching  subse- 
quent to  commencement  of  build- 
ing, making  of  repairs,  improve- 
ments, etc. 

272.  Claimant  to  file  statement  in  office 
of  clerk  of  district  court;  mat- 
ters to  be  set  forth  in  such  state- 
ment; note  given  for  labor  or  ma- 
terial; time  for  filing  statements; 
entries  to  be  made  by  clerk  in 
mechanic's-lien  docket. 


§273.  Subcontractor,  artisan  or  laborer  en- 
titled to  lien ;  statement  to  be 
filed ;  time  for  filing  statement ; 
service  of  notice  on  owner  of 
land ;  amount  of  liability  of 
owner ;  payments  made  to  con- 
tractor within  sixty  days  at  own- 
er's risk;  owner  not  liable  to  ac- 
tion by  contractor  within  sixty 
days ;  owner  may  pay  subcon- 
tractor ;  credit  for  such  payment ; 
fee  of  clerk  for  entering  state- 
ments. 


93 


§271] 


LIENS  FOR  LABOR. 


[Ch.  23,  Art.  3 


;274.  Claims  for  liens  assignable;  rights 
of  assignee;  assignment  made  by 
entry  on  record  or  separate  in- 
strument in  writing. 

275.  Lien    enforced   by   civil    action;    limi- 

tation of  actions  to  enforce  liens; 
limitation  where  promissory  note 
given ;  practice,  pleading  and  pro- 
ceedings to  conform  to  code ; 
amendment  of  lien  statement. 

276.  Parties    to    actions    to    enforce    such 

liens ;  original  contractor  tQ  be 
made  party  in  action  by  subcon- 
tractor, etc. ;  contractor  to  de- 
fend ;  owner  may  make  defense  at 
expense  of  contractor;  owner  en- 
titled to  retain  amount  of  claims, 
costs,  etc.,  until  adjudicated;  pro- 
ceedings where  sheriff  unable  to 
find  original  contractor. 


280. 
281. 


Court  may  order  actions  pending  to 
enforce  liens  to  be  consolidated; 
if  building  in  course  of  construc- 
tion court  may  stay  trial  to  per- 
mit filing  of  lien  statement. 

Real  estate  or  other  property  sold 
where  judgment  rendered  to  en- 
force lien ;  manner  of  making 
sales ;  rights  of  prior  incumbran- 
cers  and  persons  not  parties  to 
action. 

Owner  may  bring  action  to  have 
liens  filed  under  this  act  adjudi- 
cated ;  costs  taxed  against  claim- 
ant failing  to  establish  lien; 
clerk  of  court  to  cancel  liens  on 
record  when  actions  thereon 
barred. 

Proceeds  of  sale  distributed  ratably 
if  sufficient  to  pay  all  claims. 

Erection  or  construction  of  light- 
ning rod  or  rods  not  within  pro- 
visions of  act. 


PART  OF  LAWS  OF  1909,  CH.  182. 

§  271.  Persons  entitled  to  mechanic's  lien;  lien  upon  whole  piece  or 
tract  of  land,  the  building  and  appurtenances;  such  liens  preferred  to 
other  liens,  etc.,  attaching  subsequent  to  commencement  of  building,  mak- 
ing of  repairs,  improvements,  etc.  Any  person  who  shall  under  contract 
with  the  owner  of  any  tract  or  piece  of  land,  or  with  a  trustee,  agent, 
husband  or  wife  of  such  owner,  perform  labor  or  furnish  material  for  the 
erection,  alteration  or  repair  of  any  building,  improvement  or  structure 
thereon ;  or  who  shall  furnish  material  or  perform  labor  in  putting  up  of 
any  fixtures  or  machinery  in,  or  attachment  to,  any  such  building,  struc- 
ture, or  improvement ;  or  who  shall  plant  any  trees,  vines,  plants  or  hedge, 
in  or  upon  said  land;  or  who  shall  build,  alter  or  repair,  or  furnish  labor 
or  material  for  building,  altering  or  repairing  any  fence  or  footwalk  in 
or  upon  said  land,  or  any  sidewalk  in  any  street  abutting  said  land,  shall 
have  a  lien  upon  the  whole  of  said  piece  or  tract  of  land,  the  building  and 
appurtenances,  in  the  manner  herein  provided,  for  the  amount  due  to  him 
for  such  labor,  material,  fixtures  or  machinery.  Such  liens  shall  be  pre- 
ferred to  all  other  liens  or  incumbrances  which  may  attach  to  or  upon 
said  land,  buildings,  or  improvements,  or  either  of  them,  subsequent  to  the 
commencement  of  such  building,  the  furnishing  or  putting  up  of  such 
fixtures  or  machinery,  the  planting  of  trees,  vines,  plants,  or  hedges,  the 
building  of  such  fence,  footwalks,  or  sidewalks,  or  the  making  of  any  such 
repairs  or  improvements.  [G.'S.  1915,  §,7557.] 

Lien  on  married  woman's  real  estate;  material  furnished  husband;  provision  constitu- 
tional. Garrett  v.  Loftus,  82  K.  556. 

Material  furnished  husbancl;  personal  judgment  against  wife  not  authorized  Garrett  v 
Loftus,  82  Kf.  556. 

Shares  of   cotenant  acquired  after  lien  attached;    unaffected  by  lien.      Garrett   v     Loftus 

82  K.  556. 

Mechanic's  lien  purely  creation  of  statute;  full  compliance  with  statute.     Potter  v.  Conley 

83  K.  676. 

Lessee  held  agent  of  owner;  lien  against  interest  of  each.     Potter  v.   Conley,   83  K.    676. 
Lumber  used  for  making  forms  for  concrete  structure,   held  "material."      Lumber   Co.   v. 

Douglas,  89  K.  309. 
Written    instrument    purporting    to    release    mechanic's    lien,    construed.      Lumber    Co.    v. 

Bowersock,   100  K.  328. 
Effect  of  waiver  of  mechanic's  lien;  persons  to  whose  benefit  waiver  inures.     Lumber  Co. 

v.  Bowersock,  100  K.  328. 
Abandonment    by    owner    of    property;    mortgagee    in    possession    may    complete    building; 

priority  of  liens.     Lumber  Co.  v.  Bowersock,   100  K.  328. 
Lessee  held  to  be  agent  of  owners  for  the  alteration  and  repair  of  leased  building.     Brown 

v.  Walker,  100  K.  542. 


94 


Ch.  23,  Art.  3]  LIENS  FOR  LABOR. [§272 

Drtprmination   of  priority   of  various  liens  upon  building;    material-men   given   first   licn>. 

Mercantile  Co.  v.  Investment  Co.,  100  K.   597. 
Annotations  to  similar  section  of  Old  Code: 

Right  to  lien   is  statutory;   limitation  of   action;   other  incumbram -ers.      Wood   v.    Dill. 

3  K.  A.  484. 
Purchaser  in  possession  has  sufficient  ownership;   deed  in  another's  name.      Hamilton 

v.  "\Yhitson,   5  K.  A.  347. 
Building    "commenced"    when    foundation    begun,    though    not    made    under    contract. 

Mortgage  Co.  v.  Manufacturing  Co.,  6  K.  A.  673. 
Deemed    completed    when   work    abandoned   by   owner's    consent    or    fault.      Shaw   v. 

Stewart,  43  K.  572. 
Lien    of    mechanic    measured   by    interest   of    holder    of    property.      Getto    v.    Friend, 

Equitable  title  in  person  to  whom  materials  furnished,  held  sufficient.     Mortgage  Trust 

Co.  v.  Sutton,  46  K.  166. 
Lien  dates  from  commencement  of  building;   digging  for  cellar,  etc.     Mortgage  Co.  v. 

Weyerhaeuser,  48  K.  335. 
Mortgage    closed    up    after    excavation   begun;    priority    of    mechanic's   lien.      Nixon   v. 

Cydon  Lodge,  56  K.  298. 
Lien    may    be    acquired    only    in    manner    prescribed    by    statute.       Doane    v.    Bever, 

63  K.'  458. 
Lien  based  upon   contract  with  owner;  foreclosure;    owner  necessary  party.      Lang  v. 

Adams,   71  K.   309. 
Record    not    conclusive    as    to    ownership;    claimant    to    make    investigation.      I*ang    v. 

Adams,  71  K.  309. 
Lien  for  labor  on  oil  or  gas  well;  interest  of  lessee.     Oil  Co.  v.  McEvoy,  75  K.   515: 

Phillips  v.  Oil  Co.,  76  K.  783. 
Concerning  lien  for  material  on  gas  or  oil  leasehold,  see  §§  267-270,  ante. 

§  272.  Claimant  to  file  statement  in  office  of  clerk  of  district  court; 
matters  to  be  set  forth  in  such  statement;  note  given  for  labor  or  ma- 
terial; time  for  filing  statements;  entries  to  be  made  by  clerk  in  me- 
chanic's-lien  docket.  Any  person  claiming  a  lien  as  aforesaid  shall  file 
in  the  office  of  the  clerk  of  the  district  court  of  the  county  in  which  the 
.land  is  situated  a  statement  setting  forth  the  amount  claimed  and  the 
items  thereof,  as  nearly  as  practicable,  the  name  of  the  owner,  the  name 
of  the  contractor,  the  name  of  the  claimant,  and  a  description  of  the 
property  subject  to  the  lien,  verified  by  affidavit:  Provided,  That  if  any 
promissory  note  bearing  a  lawful  rate  of  interest  shall  have  been  taken 
for  such  labor  or  material,  it  shall  not  be  necessary  to  file  an  itemized 
statement  of  labor  or  material  furnished,  but  in  lien  thereof  it  shall  be 
sufficient  to  file  a  copy  of  such  note,  with  a  sworn  statement  that  said 
note,  or  any  part  thereof,  was  given  for  such  labor  or  material  used  in 
the  construction  of  such  building  or  improvement;  and  if  the  whole  of 
such  note  shall  have  been  given  for  such  labor  or  material,  the  lien  shall 
be  for  the  whole  of  the  principal  and  interest  of  said  note;  but  if  a  part 
of  said  note  only  shall  have  been  given  for  such  labor  or  material,  then 
the  lien  shall  be  for  a  corresponding  amount  only,  with  interest  at  the 
rate  specified  in  said  note.  Such  statements  shall  be  filed  within  four 
months  after  the  date  upon  which  material  was  last  furnished  or  labor 
last  performed  under  contract  as  aforesaid;  and  if  the  claim  be  for  the 
planting  of  any  trees,  vines,  plants,  or  hedge,  such  statements  shall  be 
filed  within  four  months  from  such  planting.  Immediately  upon  the  re- 
ceipt of  such  statement  the  clerk  of  the  district  court  shall  enter  a  record 
of  the  same  in  a  book  kept  for  that  purpose,  to  be  called  the  mechanic's- 
lien  docket,  which  docket  shall  be  ruled  off  into  separate  columns,  with 
headings  as  follows:  "When  filed,"  "Name  of  owner,"  "Name  of  claim- 
ant," "Amount  claimed,"  "Description  of  property,"  and  "Remarks"; 
and  the  clerks  [clerk]  shall  make  the  proper  entry  in  each  column. 
[G.  S.  1915,  §  7558.] 

Time    of    filing    statement    cannot    be    increased    by    subterfuge,    etc.      Badger    v.    Parker, 

85  K.  134. 
Contract  with  lessee;   lien  obtained  where  lessee   agent   of  lessor.      Lumber   Co    v    Band 

Co.,  89  K.  788. 

95 


§  273]  LIENS  FOR  LABOR.  [Ch.  23,  Art.  3 

Lien    filed    on    note    in    violation    of    agreement;    lien    lost.      Lumber    Co.    v.    Band    Co., 

89  K    788. 

Notes  taken  for  building  material  not  a  lien  unless  lien  filed.     Bank  v.  Randall,  98  K.  744. 
Sufficiency  of  different  lien  statements   considered;    statements  held   sufficient.      Brown   T. 

Walker,  100  K.  542. 
Amendment  of  lien  statements  and  of  pleadings  in  action  held  properly  allowed.      Brown 

v.  Walker,  100  K.  542. 
Suspension   of   work   on   building;    materialmen   may   treat   work    as    abandoned    and    file 

liens.     Mercantile  Co.  v.  Investment  Co.,  100  K.  597. 
Agreement  not  to  file  liens  if  bond  given;  failure  of  contractor  to  give  bond;   materialmen 

may  file  liens.     Mercantile  Co.  v.  Investment  Co.,  100  K.  597. 
Profit  not  allowed  on  material  not  furnished  because  of  abandonment  of  work.     MercantHo 

Co.  v.  Investment  Co.,  100  K.  597. 
Annotations  to  similar  section  of  Old  Code : 

Statement  for  each  contract;  statement  covering  several  buildings,  held  void.     Lumber 
Co.  v.  Hegwer,  1  K.  A.  623. 

Building  deemed  completed  when  work   ceases  and   owner  takes  possession.      Rice  T. 
Brown,  1  K.  A.  646. 

Mechanic's  claim  assigned  as  security;  assignor  may  file  mechanic's  lien.     Hamilton  T. 
Whitson,  5  K.  A.  347. 

Neither  statement  nor  affidavit  signed  by  claimant,  etc.;  statement  insufficient.     Hentiir 
v.  Sperry,  38  K.  459. 

Statement   for    mechanic's   lien    should    be    verified    by    affidavit.      Hentig    v.    Sperry. 

Sufficiency  of  statement  and  affidavit  made  by  member  of  firm.     Town  Co.  v.  Morris. 

39  K.  377. 

Extent  to  which  claim  shall  be  itemized,  considered.     Town  Co.  v.  Morris,  39  K.  377. 
Statement   must    name    some   particular    person    as    owner    of    property.      Blattner    T. 

Wadleigh,  48  K.  290. 
Statement    not    itemized    as    nearly    as    practicable,    held    fatally    defective.      Nixon    T. 

Cydon  Lodge,  56  K.  298. 
Persons  contracting  directly  with  owner  held  original  contractors.      Higley    v.    Ringle, 

57  K.  222. 

Statement  may  be  filed  even  where  note  has  been  taken.     Higley  v.  Ringle,  57  K.  222. 
Time  when  statement  shall  be  filed,  considered.     Higley  v.  Ringle,  57  K.  222. 
Lien   covers  entire  premises  where  record  shows  lien   so   claimed.      Higley   v.   Ringle. 

57  K.  222. 
Lien    may    be    acquired    only    in    manner    prescribed    by    statute.      Doane    T.    Bever, 

63  K.  458. 
Duty    of    claimant    to    ascertain    owner;    record    not    conclusive.       Lang    v.    Adams, 

71  K.  309. 

§  273.  Subcontractor,  artisan  or  laborer  entitled  to  lien;  statement  to 
be  filed;  time  for  filing  statement;  service  of  notice  on  owner  of  land; 
amount  of  liability  of  owner;  payments  made  to  contractor  within  sixty 
days  at  owner's  risk;  owner  not  liable  to  action  by  contractor  within 
sixty  days;  owner  may  pay  subcontractor;  credit  for  such  payment;  fee  of 
clerk  for  entering  statements.  Any  person  who  shall  furnish  any  such 
material  or  perform  such  labor  under  a  subcontract  with  the  contractor, 
or  as  an  artisan  or  day  laborer  in  the  employ  of  such  contractor,  may  ob- 
tain a  lien  upon  such  land  from  the  same  time,  in  the  same  manner,  and 
to  the  same  extent  as  the  original  contractor,  for  the  amount  due  him  for 
such  material  and  labor ;  and  any  artisan  or  day  laborer  in  the  employ  of 
such  subcontractor  may  obtain  a  lien  upon  such  land  from  the  same  time, 
in  the  same  manner,  and  to  the  same  extent  as  the  subcontractor,  for  the 
amount  due  him  for  such  material  and  labor,  by  filing  with  the  clerk  of 
the  district  court  of  the  county  in  which  the  land  is  situated  within  sixty 
days  after  the  date  upon  which  material  was  last  furnished  or  labor  last 
performed  under  such  subcontract  a  statement,  verified  by  affidavit,  set- 
ting forth  the  amount  due  from  the  contractor  to  the  claimant,  and  the 
items  thereof  as  nearly  as  practicable,  the  name  of  the  owner,  the  name 
of  the  contractor,  the  name  of  the  claimant,  and  a  description  of  the 
property  upon  which  a  lien  is  claimed ;  and  by  serving  a  notice  in  writing 
of  the  filing  of  such  lien  upon  the  owner  of  the  land:  Provided,  That  if 
with  due  diligence  the  owner  cannot  be  found  in  the  county  where  the 
land  is  situated,  the  claimant,  after  filing  an  affidavit  setting  forth  such 
facts,  may  serve  a  copy  of  such  statement  upon  the  occupant  of  the  land, 

96 


Ch.  23,  Art.  3]  LIENS  FOR  LABOR. 


or  if  the  land  be  unoccupied,  may  post  such  copy  in  a  conspicuous  place 
upon  the  land  or  any  building  thereon.  Immediately  upon  the  filing  of 
such  statement  the  clerk  of  said  court  shall  enter  a  record  of  the  same  in 
the  docket  provided  for  in  the  preceding  section  and  in  the  manner  therein 
specified :  Provided,  That  the  owner  of  any  land  affected  by  such  lien  shall 
not  thereby  become  liable  to  any  claimant  for  any  greater  amount  than  he 
contracted  to  pay  the  original  contractor;  but  the  risk  of  all  payments 
made  to  the  original  contractor  shall  be  upon  such  owner  until  the  expira- 
tion of  the  sixty  days  hereinbefore  specified;  and  no  owner  shall  be  liable 
to  an  action  by  such  contractor  until  the  expiration  of  said  sixty  days, 
and  such  owner  may  pay  such  subcontractor  the  amount  due  him  from 
such  contractor  for  such  labor  and  material,  and  the  amount  so  paid  shall 
be  held  and  deemed  a  payment  of  said  amount  to  the  original  contractor. 
The  district  clerk  shall  be  entitled  to  a  fee  of  fifty  cents  in  each  case  for 
entering  the  statements  provided  for  in  this  act,  and  the  costs  of  filing 
and  entering  such  statement  shall  be  recovered  as  part  of  the  costs  of 
enforcing  such  liens.  [G.  S.  1915,  §  7559.] 

Subcontractor  not  required  to  know  exact  description  of  property.     Lumber  Co.  v.  Smith, 

84  K.  190. 
Subcontractor  need  not  know  the  number  or  kind  of  structures.      Lumber  Co.   v.   Smith 

84  K.  190. 
Subcontractor   entitled    to   single  lien   although   improvement   in   different   forms.      Lumber 

Co.  v.  Smith,  84  K.  190. 
Payments  to  contractor  within  sixty  days;    subcontractor's  lien   not  defeated.      Rankin  v. 

Rankin,  86  K.  899. 
Failure  to  state   amount   due  from  owner  to   contractor,    immaterial.      Rankin  v.    Rankin, 

86  K.  899. 
Designation   as   laborer    and    as   subcontractor,    held    not   prejudicial.      Rankin    v.    Rankin, 

86  K.  899. 

Personal   judgment   against   owner;    contract  to   pay   must   be   shown.      Trimmer   v.    Sells, 

87  K.  647:  Wall  Paper  Co.  v.  Perkins,  90  K.  725. 

Subcontractor  must  serve  written  notice  upon  owner  of  land.  Trimmer  v.  Sells,  87  K.  647. 
Confusion  of  accounts  concerning  separate  buildings;  statements  held  sufficiently  itemized 

Wall  Paper  Co.  v.  Perkins,  90  K.  725. 
Notice  by  registered  mail  which  reaches  the  owner  personally  is  valid.     Wall  Paper  Co    v. 

Perkins,  90  K.  725. 
Subcontractor  not  bound  by  subsequent  agreement  of  contractor  with  owner.     Wall  Paper 

Co.  v.  Perkins,  90  K.  725. 
Personal  judgment   against  owner  where  contractor  agent  of  owner.      Wall   Paper   Co.   v. 

Perkins,  90  K.  725. 
Subcontractor's  bond  to  contractor;  available  to  laborers  and  materialmen;  notice.     Griffith 

v.  Stucker,  91  K.  47. 
Surety  bond  for  faithful  performance  of  contract  held  to  inure  to  benefit  of  laborers  and 

materialmen.     Manufacturing  Co.  y.  Deposit  Co.,  100  K.  28. 
Subcontractor  must  take  notice  of  principal  contract,  but   is  not  bound  by  all   its  terms : 

not  bound  to  know  of  nonfulfillment  of  contract.      Mercantile   Co.   v.   Investment   Co 

100  K.  597. 

Annotations  to  similar  section  of  Old  Code : 

Completion  of  building ;  acts  held  to  warrant  filing  of  statement.  Rice  v  Brown 
1  K.  A.  646. 

Right  to  lien  created  at  or  before  material  furnished.     Weaver  v.  Sells,   10  K.  609. 

Subcontractor  may  consider  building  as  completed  when  abandoned  by  contractor. 
Shaw  v.  Stewart,  43  K.  572. 

Subcontractor  presumed  to  have  knowledge  of  original  contract ;  subsequent  agree- 
ments. Shaw  v.  Stewart,  43  K.  572. 

Lumber  furnished  on  credit  of  contractor ;  subcontractor's  lien  not  extinguished. 
Deatherage  v.  Henderson,  43  K.  684. 

Notice  to  owner  of  premises ;  reasonable  time  for  serving  notice.  Deatherage  v  Hen- 
derson, 43  K.  684. 

Subcontractor  need  not  separate  and  state  different  elements  of  claim.  Nixon  v  Cvdon 
Lodge,  56  K.  298. 

Provisions  of  law  do  not  extend  to  subcontractor  of  subcontractor  Nixon  v  Cvdon 
Lodge,  56  K.  298. 

Subcontractor  bound  by  original  contract ;  not  affected  by  subsequent  agreements. 
Nixon  v.  Cydon  Lodge,  56  K.  298. 

Abandonment  of  contract;  rights  of  subcontractor;  limit  of  subcontractor's  lien 
Hotel  Co.  v.  Hardware  Co.,  56  K.  448. 

Material  sold  without  reference  to  use;  not  entitled  to  lien.  Manufacturing  Co.  v 
Best,  63  K.  187. 

97 
7— Lator— 1725 


§§274,275]  LIENS  FOR  LABOR.  [Ch.  23,  Art.  3 

Lien    may    be    acquired    only    in    manner    prescribed    by    statute.      Doane    v.    Sever, 

63  K.  458. 
Action  cannot  be  maintained  by  contractor  until  expiration  of  sixty  days.     Anthony  v. 

Smithson,  70  K.  134. 
Name  of  contractor  mentioned  only  incidentally;  statement  of  subcontractor  insufficient. 

Sash  Co.  v.  Heiman,  71  K.  43. 
Payments   to    other    subcontractors    within    sixty    days;    amount   of    credit.      Fossett    v. 

Lumber  Co.,  76  K.  428. 
Failure    of    contractor    to    complete    building;    damages    offset    against    subcontractor. 

Fossett  v.  Lumber  Co.,  76  K.  428. 
Owner  may  contest  amount  due  and  extent  of  lien;   proceedings.      Sash  Co.   v.  Weil, 

80  K.  606. 
Owner   may   reduce   lien  by  proving   damages   from   defects,    etc.  "    Sash   Co.   v.    Weil, 

80  K.  606. 
Subcontractor  must  state  name  of  contractor;    recitals  held   insufficient.      Lumber   Co. 

v.  Washington,  80  K.  613. 
Statement  must  show  improvement  made  under  contract  with  owner.      Lumber   < 

Washington,  80  K.  613. 

§  274.  Claims  for  liens  assignable;  rights  of  assignee;  assignment 
made  by  entry  on  record  or  separate  instrument  in  writing.  All  claims 
for  liens  and  rights  of  action  to  recover  therefor  under  this  act  shall  be 
assignable  so  as  to  vest  in  the  assignee  all  rights  and  remedies  herein 
given,  subject  to  all  defenses  thereto  that  might  be  made  if  such  assign- 
ment had  not  been  made.  Where  a  statement  has  been  filed  and  recorded 
as  herein  provided,  such  assignment  may  be  made  by  an  entry,  on  the 
same  page  of  the  mechanic's-lien  docket  containing  the  record  of  the  lien, 
signed  by  the  claimant  or  his  lawful  representative,  and  attested  by  the 
clerk;  or  such  assignment  may  be  made  by  a  separate  instrument  in 
writing.  [G.  S.  1915,  §  7560.] 

Annotations  to  similar  section  of  Old  Code : 

Assignment   to    secure   lesser   debt;    assignor   may   file   mechanic's   lien.      Hamilton    v. 

Whitson,  5  K.  A.  347. 
Assignor  may  foreclose  lien ;    assignee  made  party ;    amount  of  recovery.     Hamilton  v. 

Whitson,  5  K.  A.  347. 
Change  in  firm  does  not  affect  lien.     Brown  v.  School  District,  48  K.  709. 

§  275.  Lien  enforced  by  civil  action;  limitation  of  actions  to  enforce 
liens;  limitation  where  promissory  note  given;  practice,  pleading  and  pro- 
ceedings to  conform  to  code ;  amendment  of  lien  statement.  Any  lien  pro- 
vided for  by  this  act  may  be  enforced  by  civil  action  in  the  district  court 
of  the  county  in  which  the  land  is  situated,  and  such  action  shall  be 
brought  within  one  year  from  the  time  of  the  filing  of  said  lien  with  the 
clerk  of  said  court:  Provided,  That  where  a  promissory  note  is  given  such 
action  may  be  brought  at  any  time  within  one  year  from  the  maturity  of 
said  note.  The  practice,  pleading  and  proceedings  in  such  action  shall 
conform  to  the  rules  prescribed  by  the  code  of  civil  procedure  as  far  as 
the  same  may  be  applicable;  and  in  case  of  action  brought,  any  lien 
statement  may  be  amended  by  leave  of  court  in  furtherance  of  justice  as 
pleadings  may  be  in  any  matter,  except  as  to  the  amount  claimed.  [G.  S. 
1915,  §  7561.] 

Amendment  of  petition  more  than  one  year  after  lien  filed,  held  proper.     Lumber  Co.  v. 

Collinson,  97  K.  791. 
Matters    of    defense    in    action    to    foreclose    lien,    considered.       Lumber    Co.    v.    Morris, 

99  K.  263. 
Amendment  of  lien  statements  and  of  pleadings  in  action  held  properly  allowed.     Brown 

v.  Walker,  100  K.  542. 

Principles  of  equity  applied  to  foreclosure  and  adjustment  of  mechanics'   liens.      Mercan- 
tile Co.  v.  Investment  Co.,  100  K.  597. 
Amount  of  recovery  on  claim  for  material;   profit  added  deemed   reasonable.      Mercantile 

Co.  v.  Investment  Co.,  100  K.  597. 
Annotations  to  similar  section  of  Old  Code: 

Lien  not  preserved  against  other  incumbrancers  by  service  on  owner.     Wood  v.   Dill, 

3  K.  A.  484. 
Judgment  in  action  prematurely  brought  no  bar  to  future  action.      Seaton  v.  Hixon, 

35  K.  663. 

Contractor    may    be    made    party    after    expiration    of    year.       Sash    Co.    v.    Heiman, 
65  K.  5. 

98 


Ch.  23,  Art.  3]  LIENS  FOR  LABOR.  [§§  276-278 

Provision  concerning   amendment  permits   correcting  description,   owner's   name,   etc.; 

constitutionality.     Atkinson  v.  Woodmansee,    68  K.  71. 
Action    premature    as    to    some    counts;    other    counts    triable.      Anthony    v.    Smithson, 

70  K.  132. 

Practice   in    action   by    subcontractor    where    contractor   makes    default.      Sash    Co.    v. 
Weil,  80  K.  606. 

§  276.  Parties  to  actions  to  enforce  such  liens;  original  contractor  to 
be  made  party  in  action  by  subcontractor,  etc.;  contractor  to  defend; 
owner  may  make  defense  at  expense  of  contractor;  owner  entitled  to  re- 
tain amount  of  claims,  costs,  etc.,  until  adjudicated;  proceedings  where 
sheriff  unable  to  find  original  contractor.  In  such  actions  all  persons 
whose  liens  are  filed  as  herein  provided,  and  other  incumbrancers,  shall  be 
made  parties,  and  issues  shall  be  made  and  trials  had  as  in  other  cases. 
Where  such  an  action  is  brought  by  a  subcontractor,  or  other  person  not 
the  original  contractor,  such  original  contractor  shall  be  made  a  party 
defendant,  and  shall  at  his  own  expense  defend  against  the  claim  of  every 
subcontractor,  or  other  person  claiming  a  lien  under  this  act,  and  if  he 
fails  to  make  such  defense  the  owner  may  make  the  same  at  the  expense 
of  such  contractor;  and  until  all  such  claims,  costs  and  expenses  are 
finally  adjudicated,  and  defeated  or  satisfied,  the  owner  shall  be  entitled 
to  retain  from  the  contractor  the  amount  thereof,  and  such  costs  and  ex- 
penses as  he  may  be  required  to  pay :  Provided,  That  if  the  sheriff  of  the 
county  in  which  such  action  is  pending  shall  make  return  that  he  is  unable 
to  find  such  original  contractor,  the  court  may  proceed  to  adjudicate  the 
liens  upon  the  land  and  render  judgment  to  enforce  the  same  with  costs. 
[G.  S.  1915,  §  7562.] 

Xo  judgment  against  owner  until  subcontractor's  liens  are  adjusted.     Lofsted  v.  Bohman, 

88  K.  660. 
Annotations  to  similar  section  of  Old  Code: 

All    lien-holders    and    incumbrancers    may    be    made    parties.       Town    Co.    v.    Morris, 

39  K.  377. 
Subcontractor  must  make  contractor  a  party;   effect  of  failure;   proceedings.     Tracv  v. 

Kerr,  47  K.   656. 
Contractor    may    be    made    party    after    expiration    of    year.      Sash    Co.    v.    Heiman, 

65  K.  5. 
Owner   is   necessary   party   in   action   to    foreclose   mechanic's   lien.      Lang   v.    Adams, 

71  K.  309. 

Owner  may  defend  where  contractor  makes  default;   nature  of  defense.     Sash  Co.  v. 
Weil,  80  K.  606. 

§277.  Court  may  order  actions  pending  to  enforce  liens  to  be  con- 
solidated; if  building  in  course  of  construction  court  may  stay  trial  to 
permit  filing  of  lien  statement.  If  several  actions  brought  to  enforce  the 
liens  herein  provided  for  are  pending  at  the  time,  the  court  may  order 
them  to  be  consolidated;  and  in  any  action  brought  to  enforce  a  lien 
under  this  act,  if  the  building  or  other  improvement  is  still  in  course 
of  construction,  the  court,  on  application  of  any  party  engaged  in  fur- 
nishing labor  or  materials  for  such  building  or  improvement,  may  stay 
the  trial  thereof  for  a  reasonable  time  to  permit  the  filing  of  a  lien 
statement  by  such  party  under  the  provisions  of  this  act.  [G.  S.  1915, 
§  7563.] 

§  278.  Real  estate  or  other  property  sold  where  judgment  rendered  to 
enforce  lien;  manner  of  making  sales;  rights  of  prior  incumbrancers  and 
persons  not  parties  to  action.  In  all  cases  where  judgments  may  be  ren- 
dered in  favor  of  any  person  or  persons  to  enforce  a  lien  under  the  pro- 
visions of  this  act,  the  real  estate  or  other  property  shall  be  ordered  to 
be  sold  as  in  other  cases  of  sales  of  real  estate,  such  sale  to  be  without 
prejudice  to  the  rights  of  any  prior  incumbrancers,  owner  or  other 
person  not  a  party  to  the  action.  [G.  S.  1915,  §  7564.] 

Section  applicable  to  lien  on  oil  and  gas  leasehold.     Black  v.  Gairth,  88  K.  338. 

99 


§§  279-282]  LIENS  FOR  LABOR.  [Ch.  23,  Art.  4 

§  279.  Owner  may  bring  action  to  have  liens  filed  under  this  act  ad- 
judicated; costs  taxed  against  claimant  failing  to  establish  lien;  clerk  of 
court  to  cancel  liens  on  record  when  actions  thereon  barred.  If  any  lien 
or  liens  shall  be  filed  under  the  provisions  of  this  act  and  no  action  to 
foreclose  any  of  said  liens  shall  have  been  commenced,  the  owner  of  the 
land  may  file  his  petition  in  the  district  court  of  the  county  in  which  said 
land  is  situated,  making  said  lien  claimants  defendants  therein,  and  pray- 
ing for  an  adjudication  of  said  lien  or  liens  so  claimed,  and  if  any  such 
lien  claimant  shall  fail  to  establish  his  lien,  the  court  may  tax  against  said 
claimant  the  whole  or  such  portion  of  the  costs  of  such  action  as  may 
be  just:  Provided,  That  if  no  action  to  foreclose  or  adjudicate  any  lien 
filed  under  the  provisions  of  this  act  shall  be  instituted  within  the  time 
provided  in  section  653,  the  clerk  of  the  district  court  shall  enter  under 
the  head  of  "Remarks,"  in  the  mechanic's-lien  docket  hereinbefore  named, 
that  said  lien  is  canceled  by  limitation  of  law.  [G.  S.  1915,  §  7565.] 

"Section  653,"  mentioned  herein,  is  §  275,  supra. 
Annotation  to  similar  section  of  Old  Code : 

Judgment  against  owner  by  default  set  aside  upon  motion;   proceedings.      Sash  Co.  v. 
Weil,  80  K.  606. 

§  280.  Proceeds  of  sale  distributed  ratably  if  insufficient  to  pay  all 
claims.  If  £he  proceeds  of  the  sale  be  insufficient  to  pay  all  the  claim- 
ants, then  the  court  shall  order  them  to  be  paid  in  proportion  to  the 
amount  due  each.  [G.  S.  1915,  §  7566.] 

§  281.  Erection  or  construction  of  lightning  rod  or  rods  not  within 
provisions  of  act.  The  erecting  or  constructing  of  a  lightning  rod  or  rods 
on  any  buildings  shall  not  be  considered  such  an  improvement,  fixture, 
or  attachment  as  to  come  under  the  provisions  of  this  article.  [G.  S. 
1915,  §7567.] 

ARTICLE  4. — Bond  to  Secure  Payment  of  Claims. 

bond     from      contractor ;      amount 
and   conditions   of   bond. 
J284.    Such    bond    subject    to    approval    of 


§282.  No  lien  to  attach  if  contractor  or 
owner  execute  and  file  bond  with 
clerk  of  district  court ;  amount 
and  approval  of  such  bond;  liens 
already  filed  discharged ;  suit  on 
such  bond  by  'any  person  inter- 
ested. 

283.  Contract  relating  to  public  improve- 
ments in  sum  exceeding  one  hun- 
dred dollars;  public  officer  to  take 


approve 
;  filed  i 


clerk  of  district  court ;  filed  in  of 
fice  of  such  clerk ;  liens  not  to  at- 
tach after  bond  approved  and 
filed ;  liens  already  filed  dis- 
charged; claimant  for  labor  or 
material  may  sue  on  such  bond ; 
limitation  of  actions  on  such  bond. 


PART  OF  LAWS  OF  1909,  CH.  182. 

§  282.  No  lien  to  attach  if  contractor  or  owner  execute  and  file  bond 
with  clerk  of  district  court;  amount  and  approval  of  such  bond;  liens  al- 
ready filed  discharged;  suit  on  such  bond  by  any  person  interested.  The 

contractor  or  owner  mentioned  in  this  act  may  execute  a  bond  to  the 
state  of  Kansas  for  the  use  of  all  persons  in  whose  favor  liens  might 
accrue  by  virtue  of  this  act,  conditioned  for  the  payment  of  all  claims 
which  might  be  the  basis  of  liens;  which  bond  shall  be  in  a  sum  not  less 
than  the  contract  price,  and  with  good  and  sufficient  sureties,  whose 
qualifications  shall  be  verified  in  accordance  with  this  code,  such  surety 
as  shall  be  approved  by  the  clerk  of  the  district  court  in  the  county  in 
which  the  property  is  situated,  and  shall  file  such  bond  in  the  office  of 
said  clerk  before  work  shall  be  commenced  or  material  delivered  on 
such  contract,  and  when  such  bond  is  so  approved  and  filed  no  lien  shall 
attach  under  this  act,  and  if  when  such  bond  is  filed  liens  have  already 

100 


Ch.  23,  Art.  4]  LIENS  FOR  LABOR. 


been  filed,  such  liens  shall  be  discharged.     Suit  may  be  brought  on  said 
bond  by  any  person  interested.     [G.  S.  1915,  §  7568.] 

The  foregoing  section  contains  the  same  general  provisions  as  section  638d  of  the 
Old  ('<><!  <-  printed  in  the  General  Statutes  of  1901  as  section  5129.  Said  section 
5129  of  the  (ieneral  Statutes  of  1901  was  amended  by  chapter  183  of  the  Laws  of 
1909,  which  took  effect  March  20,  1909,  printed  in  the  General  Statutes  of  1909  on 
page  1364  without  a  section  number. 

Section  755  of  the  Code  of  1909,  which  took  effect  May  29,  1909,  is  as  follows: 
"Chapter  80  of  the  General  Statutes  of  1901,  entitled  'An  act  to  establish  a  code  of 
civil  procedure,'  and  all  acts  amendatory  thereof  and  supplemental  thereto,  are  hereby 
repealed,  save  and  except  such  an  are  or  may  be  passed  at  the  Session  of  1909." 

Said  chapter  183  of  the  Laws  of  1909  was  amendatory  of  an  act  supplemental  to 
the  act  mentioned  in  the  foregoing  paragraph  and  was  passed  at  the  session  of   1909. 
The  foregoing   section,   being  section   660  of  the  Code  of   1909,   contains  the  same 
general  provisions  as  said  chapter  183  of  the  Laws  of  1909  and  is  a  later  enactment 
than    said    chapter    183.      It   is   thought,    therefore,    to  be  less   confusing   to   make   this 
reference  to  said  chapter  183  of  the  Laws  of  1909  than  to  reprint  the  same  herein. 
Action  upon  bond;  real  party  in  interest;  evidence.     Shores  v.  Surety  Co.,  84  K.   592. 
Practice    where    bond    set    up    as    defense    to    foreclosure    action.      Lumber    Co.    v.    Miles, 

85  K.  363. 
Surety  not  released  because  materialman  applied  payments  on  old  accounts.     Lumber  Co. 

v.'  Douglas,  89  K.  308. 
Rules  of  suretyship  not  applicable  to  corporations  issuing  indemnity  bonds.      Lumber  Co. 

v.  Douglas,  89  K.   308. 

Sufficiency  of  petition  in  action  on  bond,  considered.     Sheahan  v.  Guaranty  Co.,  99  K.  704. 
Bond  prevents  liens  from  attaching  irrespective  of  failure  of  public  officers  to  comply  with 

terms  of  bond  given  under  §  283.     Surety  Co.  v.  Hudson,  98  K.  775. 
Annotations  to  similar  section  of  Old  Code  : 

Bond  must  be  approved  :  all  lots  must  be  included.     Kille  v.  Bentley,  6  K.  A.  804. 
Bond  is  substitute  for  statutory  liens  ;  liens  do  not  attach.     Risse  v.  Planing  Mill  Co., 

55  K.  518. 
Sureties    not    relieved    by    slight    departure    from    plans    and    specifications.      Risse    v. 

Planing  Mill  Co.,   55  K.   518. 
Surety    not    relieved    by    broken    promise    of    principal.       Risse    v.    Planing    Mill    Co., 

55  K.  518. 

Lien    accruing   under    former    statute    not    divested   by    statutory    bond.      Hotel    Co.    v. 
Hardware  Co.,  56  K.  448. 

§  283.  Contract  relating  to  public  improvements  in  sum  exceeding  one 
hundred  dollars;  public  officer  to  take  bond  from  contractor;  amount  and 
conditions  of  bond.  That  whenever  any  public  officer  shall,  under  the  laws 
of  the  state,  enter  into  contract  in  any  sum  exceeding  one  hundred  dollars, 
with  any  person  or  persons  for  the  purpose  of  making  any  public  improve- 
ments, or  constructing  any  public  building  or  making  repairs  on  the  same, 
such  officer  shall  take  from  the  party  contracted  with  a  bond  with  good 
and  sufficient  sureties  to  the  state  of  Kansas,  in  a  sum  not  less  than  the 
sum  total  in  the  contract,  conditioned  that  such  contractor  or  contractors 
shall  pay  all  indebtedness  incurred  for  labor  or  material  furnished  in  the 
construction  of  said  public  building  or  in  making  said  public  improve- 
ments. [G.  S.  1915,  §  7569.] 

Bond   given    after    work    completed;    valid;    rights    of    laborers,    etc.      Griffith    v.    Stucker, 

91  K.  47. 
Interpretation    of    bond    given    under    statute  ;    liability    of    surety    company.      Hensley    v. 

School  District,  97  K.  56;   Shannon  v.   Abrams.  98  K.  26. 
Surety   company   held   liable  for   all   necessary   and   pertinent  bills   incurred.      Shannon   v. 

Abrams,  98  K.  26. 
Bridge  contracts;  failure  to  carry  out  contracts;   county  authorized  to  complete  work  and 

recover  for  labor  and  expenses  from  bonding  company.  Kanzius  v.  Jenkins,  98  K.  94. 
Obligation  held  to  be  unconditional  promise  to  answer  for  defaults  of  the  contractors. 

City  of  Topeka  v.  Brooks,  99  K.  643. 
Effect   of    release   of  judgment    against   one    joint   debtor,    considered.      Citv    of   Topeka    v. 

Brooks,  99  K.  643. 
Annotations  to  similar  section  of  Old  Code: 

Laborer  or  materialman  may  claim  lien  on  public  building.     Comm'rs  of  Jewell  Co.  v. 
Manufacturing  Co.,  52  K.  253. 

Failure  of  officer  to  take  bond;   public  corporation  not  liable.      Lumber  Co.  v.   Elliott, 
59  K.  42  ;  Freeman  v.  Chanute,  63  K.  573. 

Bond  is  for  benefit  of  public,  not  for  corporation.      Freeman  v.   Chanute,    63  K.   573. 

Surety   not   liable   where   contract   void;    notice  of    illegal  proceedings.      Suretv    Co.    v. 
Brick  Co.,   73  K.   196. 

Bond   of  contractor  to   city   deemed  taken  by  public  officer.      Bonding   Co.   v.    Dickey, 
74  K.  791. 

101 


MANUFACTURING  ESTABLISHMENTS. 


[Ch.  24 


§  284.  Such  bond  subject  to  approval  of  clerk  of  district  court;  filed 
in  office  of  such  clerk;  liens  not  to  attach  after  bond  approved  and  filed; 
liens  already  filed  discharged;  claimant  for  labor  or  material  may  sue  on 
such  bond;  limitation  of  actions  on  such  bond.  That  such  bond  shall  be 
subject  to  the  approval  of  the  clerk  of  the  district  court  of  the  county  in 
which  such  public  improvement  is  to  be  made  or  such  public  building  is  to 
be  erected  and  shall  be  filed  in  the  office  of  said  clerk.  When  such  bond  is 
so  approved  and  filed,  no  lien  shall  attach  under  this  act,  and  if  when  such 
bond  is  filed  liens  have  already  been  filed,  such  liens  shall  be  discharged. 
Any  person  to  whom  there  is  due  any  sum  for  labor  or  material  furnished, 
as  stated  in  the  preceding  section,  or  his  assigns,  may  bring  an  action  on 
said  bond  for  the  recovery  of  said  indebtedness :  Provided,  That  no  action 
shall  be  brought  on  said  bond  after  six  months  from  the  completion  of  said 
public  improvements  or  public  buildings.  [G.  S.  1915,  §  7570.] 

Limitation  of  actions ;  abandonment  by  contractor  not  deemed  completion.  Hull  v.  Bond- 
ing Co.,  86  K.  342. 

Bond  given  after  work  completed ;  valid ;  rights  of  laborers,  etc.  Griffith  v.  Stucker, 
91  K.  47. 

Annotations  to  similar  section  of  Old  Code: 

Laborer  or  materialman  entitled  to  mechanic's  lien  upon  public  building.     Comm'rs  of 

Jewell  Co.  v.  Manufacturing  Co.,  52  K.  253. 

.     Mistake   in  pleading;   amendment  after   six  months;    action   not  barred.      Bonding   Co. 
v.  Dickey,  74  K.  791. 


CHAPTER  24.— MANUFACTURING   ESTABLISHMENTS.* 


§285.  Elevators,  hoisting-shafts  or  well- 
holes  in  manufacturing  establish- 
ments to  be  enclosed  or  secured 
to  protect  employees. 

286.  Hand-rails    to    be    provided    in    stair- 

ways ;  stairs  to  be  properly  se- 
cured ;  doors  to  open  outwardly 
and  not  be  fastened  during  work- 
ing hours. 

287.  Fire-escapes  in  manufacturing  estab- 

lishments; number  and  construc- 
tion of  such  fire-escapes. 

288.  Belt-shifters    or    other    safe    contriv- 

ance to  be  supplied ;  safety  ap- 
pliances and  safeguards  required 
in  manufacturing  establishments ; 
duty  of  owner  or  operator  to  fur- 
nish same. 

289.  Action     for    damages    for    death     or 

injury    of    employee    in    manufac- 


turing establishment  where  ab- 
sence of  safeguards,  etc.,  contribu- 
ted to  such  death  or  injury ;  ac- 
tion by  personal  representative  of 
deceased;  place  of  bringing 
action. 

[290.  Sufficient  for  plaintiff  to  prove  in 
such  action  in  the  first  instance 
that  such  death  or  injury  resulted 
from  failure  to  provide  safe- 
guards or  that  such  failure  con- 
tributed to  such  death  or  injury. 

291.  Manufacturing       establishments,       as 

used  in  this  act,  defined;  smelt- 
ers, oil  refineries,  cement  works, 
mills  of  every  kind,-  machine  and 
repair  shops,  etc.,  included. 

292.  "Person,"   as  used  in  certain  connec- 

tions in  this  act,  defined. 


LAWS  OF  1903,  CH.  356. 

AN  ACT  requiring  safeguards  for  the  protection  of  all  persons  employed  or  laboring  in 
manufacturing  establishments,  and  providing  civil  remedies  for  all  persons  so  engaged, 
or  their  personal  representatives,  in  cases  where  any  such  person  may  be  killed  or 
injured  while  employed  or  laboring  in  any  manufacturing  establishment  which  is  not 
properly  provided  with  the  safeguards  required  by  this  act. 

§  285.  Elevators,  hoisting-shafts  or  well-holes  in  manufacturing  es- 
tablishments to  be  inclosed  or  secured  to  protect  employees.  Every  per- 
son owning  or  operating  any  manufacturing  establishment  which  may 
contain  any  elevator,  hoisting-shaft  or  well-hole  shall  cause  the  same  to 
be  properly  and  substantially  inclosed  or  secured,  in  order  to  protect  the 
lives  or  limbs  of  those  employed  in  such  establishment.  [G.  S.  1915, 
§  5886.] 

Failure  properly  to  inclose  elevator,  prima  facie  evidence  of  negligence.  Fowler  v.  Enzen- 
perger,  77  K.  406. 

*  Concerning  factory  inspection,  see  ch.  14,  Department  of  Labor  and  Industry. 

102 


Ch.  24]  MANUFACTURING  ESTABLISHMENTS.  [§§  286-288 

Purpose  of  statute  is  to  insure  general  protection.     Alkire  v.  Cudahy,  83  K.  373. 

No  recovery  when  negligence  of  company  did  not  cause  injury.      Weeks  v.  Packing  Co., 

90  K.  365. 

This  act  applies  to  all  classes  of  employees.     Smith  v.  Bowersock,  95  K.  96. 
All    sides    of    the    elevator    shaft    should    be    inclosed.       Myrick    v.     Manufacturing    Co.. 

96  K.  17. 

§286.  Hand-rails  to  be  provided  in  stairways;  stairs  to  be  properly 
secured;  doors  to  open  outwardly  and  not  be  fastened  during  working 
hours.  Proper  and  substantial  hand-rails  shall  be  provided  in  all  stair- 
ways in  manufacturing  establishments.  The  stairs  shall  be  properly  se- 
cured at  the  sides  and  ends,  and  all  doors  leading  into  such  establishments 
shall  be  so  constructed  as  to  open  outwardly,  and  shall  be  neither  locked, 
bolted  nor  fastened  during  working  hours.  [G.  S.  1915,  §  5887.] 

§  287.  Fire-escapes  in  manufacturing  establishments;  number  and  con- 
struction of  such  fire-escapes.  In  all  manufacturing  establishments  three 
or  more  stories  high,  at  least  one  fire-escape,  and  as  many  more  as  may 
be  reasonably  necessary,  shall  be  provided  on  the  outside  of  said  establish- 
ment, connecting  with  each  floor  above  the  first,  well  fastened  and  secured, 
and  of  sufficient  strength.  Each  of  said  fire-escapes  shall  have  landings 
or  balconies  not  less  than  six  feet  in  length  and  three  feet  in  width, 
guarded  by  iron  railings  not  less  than  three  feet  in  height,  and  embracing 
at  least  two  windows  at  each  story,  and  connecting  with  the  interior  by 
easily  accessible  and  unobstructed  openings,  and  the  balconies  or  landings 
shall  be  connected  by  iron  stairs  not  less  than  eighteen  inches  wide,  the 
steps  not  to  be  less  than  six  inches  tread,  placed  at  a  proper  slant,  and 
protected  by  a  well-secured  hand-rail  on  each  side,  with  twelve-inch  drop- 
ladder  from  the  lower  platform  reaching  to  the  ground.  [G.  S.  1915, 
§  5888.] 

§  288.  Belt-shifters  or  other  safe  contrivance  to  be  supplied;  safety 
appliances  and  safeguards  required  in  manufacturing  establishments; 
duty  of  owner  or  operator  to  furnish  same.  Every  person  owning,  or 
operating  any  manufacturing  establishment  in  which  machinery  is  used 
shall  furnish  and  supply  for  use  therein  belt-shifters,  or  other  safe 
mechanical  contrivance,  for  the  purpose  of  throwing  on  or  off  belts  or 
pulleys;  and  wherever  it  is  practicable,  machinery  shall  be  operated  with 
loose  pulleys.  All  vats,  pans,  saws,  planers,  cog  gearing,  belting,  shafting, 
set-screws  and  machinery  of  every  description  used  in  a  manufacturing 
establishment  shall,  where  practicable,  be  properly  and  safely  guarded, 
for  the  purpose  of  preventing  or  avoiding  the  death  of  or  injury  to  the 
persons  employed  or  laboring  in  any  such  establishment;  and  it  is  hereby 
made  the  duty  of  all  persons  owning  or  operating  manufacturing  establish- 
ments to  provide  and  keep  the  same  furnished  with  safeguards  as  herein 
specified.  [G.  S.  1915,  §  5889.] 

Defense  of  contributory  negligence  not  excluded  by  this  act.  Madison  v.  Clippinger, 
74  K.  700.  Overruled  by  Caspar  v.  Lewin,  82  K.  604. 

Failure  to  guard  machinery  prima  facie  sufficient  to  establish  liability.  Brick  Co.  v.  Stark. 
77  K.  648. 

This  act  simply  requires  that  employees  be  protected  from  machinery.  Henschell  v.  Rail- 
way Co.,  78  K.  411. 

Employee  injured  while  resting,  by  direction  of  company,  may  recover.  Brick  Co.  v. 
Fisher,  79  K.  576. 

"Assumed  risk"  no  defense;  "contributory  negligence"  a  proper  defense.  Lewis  v.  Bar- 
ton. 82  K.  163. 

This  statute  applicable  to  any  person  performing  duty  for  factory.  Caspar  v.  Lewin, 
82  K.  604. 

Contributory  negligence  no  defense  under  this  act.     Caspar  v.  Lewin,  82  K.  604. 

Practicability  of  guarding  machinery  need  not  be  pleaded.     Gambill  v.  Bowen,  82  K.  840. 

"Assumption  of  risk,"  good  defense,  as  applied  to  common-law  charge.  Sibley  v.  Cotton- 
mills  Co.,  85  K.  256. 

103 


§;§  289-291]  MANUFACTURING  ESTABLISHMENTS.  [Ch.  24 

Practicability  of  guarding  knives  of  planer;  device  used  as  guard.  Slater  v.  Railway  Co., 
91  K.  226. 

Safeguard  against  belts  and  pulleys  extends  beyond  mere  belt-shifting.  Rank  v.  Packing 
Box  Co.,  92  K.  917. 

Death  caused  by  explosion  in  powder-mill;  "factory  act"  not  applicable.  Byland  v.  Pow- 
der Co.,  93  K.  288. 

Act  applicable  to  railroad  car-repair  shop,  where  railroad  has  elected  not  to  come  under 
workmen's  compensation  act.  Truman  v.  Railroad  Co.,  98  K.  761. 

Unguarded  circular  saw;  burden  of  proof  upon  employer  to  show  impracticability  of  at- 
taching safeguard.  Truman  v.  Railroad  Co.,  98  K.  761. 

§  289.  Action  for  damages  for  death  or  injury  of  employee  in  manu- 
facturing establishment  where  absence  of  safegaurds,  etc.,  contributed  to 
such  death  or  injury;  action  by  personal  representative  of  deceased;  place 
of  bringing  action.  If  any  person  employed  or  laboring  in  any  manu- 
facturing establishment  shall  be  killed  or  injured  in  any  case  wherein  the 
absence  of  any  of  the  safeguards  or  precautions  required  by  the  act  shall 
directly  contribute  to  such  death  or  injury,  the  personal  representatives  of 
the  person  so  killed,  or  the  person  himself  in  case  of  injury  only,  may 
maintain  an  action  against  the  person  owning  or  operating  such  manu- 
facturing establishment  for  the  recovery  of  all  proper  damages.  In  cases 
where  the  action  is  brought  by  the  personal  representative  of  the  de- 
ceased, said  action  shall  be  governed  in  all  respects  not  herein  provided 
for  by  the  provisions  of  the  statutes  now  in  force  which  authorize  and 
regulate  the  bringing  of  actions  to  recover  damages  in  cases  where  the 
death  of  one  is  caused  by  the  wrongful  act  or  omission  of  another:  Pro- 
vided, Action  shall  be  commenced  in  the  county  where  the  accident  oc- 
curred. [G.  S.  1915,  §  5890.] 

Where  noncompliance  only  contributes  among  other  causes,  company  held  liable.     Alkire  v. 

Cudahy,  83  K.  373. 
Act  gives  father   no  rights   in   addition   to   common-law  rights.      Gibson   v.    Packing   Co., 

85  K.  346;  Howell  v.  Cement  Co.,  86  K.  450. 

§  290.  Sufficient  for  plaintiff  to  prove  in  such  action  in  the  first  in- 
stance that  such  death  or  injury  resulted  from  failure  to  provide  safe- 
guards or  that  such  failure  contributed  to  such  death  or  injury.  In  all 

actions  brought  under  and  by  virtue  of  the  provisions  of  this  act,  it  shall 
be  sufficient  for  the  plaintiff  to  prove  in  the  first  instance,  in  order  to  es- 
tablish the  liability  of  the  defendant,  that  the  death  or  injury  complained 
of  resulted  in  consequence  of  the  failure  of  the  person  owning  or  operating 
the  manufacturing  establishment  where  such  death  or  injury  occurred  to 
provide  said  establishment  with  safeguards  as  required  by  this  act,  or 
that  the  failure  to  provide  such  safeguard  directly  contributed  to  such 
death  or  injury.  [G.  S.  1915,  §  5891.] 

Violation  of  duty  imposed  prima  facie  sufficient  to  establish  liability.  Brick  Co.  v.  Stark, 
77  K.  648. 

Evidence  showing  necessity  of  guard,  establishes  negligence  of  defendant.  Brick  Co.  v. 
Fisher,  79  K.  576. 

Liability  established,  by  showing  failure  to  establish  safeguards.  Caspar  v.  Lewin, 
82  K.  604;  Bubb,  Adm'x,  v.  Railway  Co.,  89  K.  303. 

Unguarded  circular  saw;  burden  of  proof  on  employer  to  show  impraoticablity  of  attach- 
ing safeguard.  Truman  v.  Railroad  Co.,  98  K.  761. 

§  291.  Manufacturing  establishments,  as  used  in  this  act,  defined; 
smelters,  oil  refineries,  cement  works,  mills  of  every  kind,  machine  and 
repair  shops,  etc.,  included.  Manufacturing  establishments,  as  those 
words  are  used  in  this  act,  shall  mean  and  include  all  smelters,  oil  re- 
fineries, cement  works,  mills  of  every  kind,  machine  and  repair  shops,  and, 
in  addition  to  the  foregoing,  any  other  kind  or  character  of  manufactur- 
ing establishment,  of  any  nature  or  description  whatsoever,  wherein  any 
natural  products  or  other  articles  or  materials  of  any  kind,  in  a  raw  or 
unfinished  or  incomplete  state  or  condition,  are  converted  into  a  new  or 
improved  or  different  form.  [G.  S.  1915,  §  5892.] 

104 


Ch.  25]  MILITIA.  [§§  292, 293 

» 

Place  where  old  iron  is  sorted,  comes  within  definition.  Caspar  v.  Lewin,  82  K.  604. 
"City  waterworks"  not  within  meaning  of  this  section.  Ward  v.  City  of  Norton, 

86  K.  906. 
"(train  elevator"  held  ti>  lie  a   ••manufacturing  establishment."      Buchanan  v.  Blair,   90  K. 

420. 
Railroad   car-repair   shop   held   within    provisions   of   this    act.      Truman    v.    Railroad   Co., 

98  K.  761. 

§  292.    "Person,"  as  used  in  certain  connections  in  this  act,  defined. 

Wherever  the  expression  occurs  in  this  act  in  substantially  the  following 
words,  "Every  person  owning  or  operating  any  manufacturing  establish- 
ment," or  where  language  similar  to  that  is  used,  the  word  "person"  in 
that  connection  shall  be  held  and  construed  to  mean  any  person  or  persons, 
partnership,  corporation,  receiver,  trust,  trustee,  or  any  other  person  or 
combination  of  persons,  either  natural  or  artificial,  by  whatever  name  he 
or  they  may  be  called.  [G.  S.  1915,  §  5893.] 


CHAPTER  25.— MILITIA. 

§293.  Employer  refusing  permission  to  employee  to  attend  drill  or  annual  muster,  etc., 
guilty  of  misdemeanor;  penalty  for  employer  discharging  or  punishing  employee 
for  being  absent  in  performance  of  military  duty. 

PART  OF  LAWS  OF  1901,  CH.  255,  AS  AMENDED  BY  LAWS  OF  1903,  CH.  359. 

§  293.  Employer  refusing  permission  to  employee  to  attend  drill  or 
annual  muster,  etc.,  guilty  of  misdemeanor;  penalty  for  employer  dis- 
charging or  punishing  employee  for  being  absent  in  performance  of  mili- 
tary duty.  There  shall  be  an  annual  muster  and  camp  of  instruction  of 
the  Kansas  national  guard  at  such  time  and  place  or  places  as  the  com- 
mander-in-chief  may  designate,  at  which  time  the  several  organizations  of 
the  Kansas  national  guard  shall  be  drilled,  inspected  and  reviewed  and 
exercised  in  military  tactics  and  maneuvers  in  accordance  with  the  orders 
of  the  officer  in  command  of  the  camp.  When  under  exclusive  state  juris- 
diction, said  camp  of  instruction  shall  continue  for  a  period  of  not  less 
than  five  days  nor  more  than  ten  days,  and  shall  be  governed  by  such  rules 
and  regulations  as  shall  be  prescribed  by  the  military  board  and  approved 
by  the  commander-in-chief.  When  such  camp  of  instruction  shall  be  in 
connection  with  and  a  part  of  an  encampment  of  militia  and  the  regular 
army  of  the  United  States,  it  may  be  extended  beyond  the  limit  of  ten 
days,  and  shall  be  under  the  control  and  jurisdiction  of  the  officer  of  the 
United  States  army  in  command.  It  shall  be  the  duty  of  each  commis- 
sioned officer  and  enlisted  man  of  the  Kansas  national  guard  to  be  present 
and  perform  all  duties  required  of  him  at  each  annual  muster  and  camp 
of  instruction,  unless  regularly  excused  by  competent  authority;  and  it 
shall  be  a  misdemeanor  for  any  employer  to  refuse  permission  to  any  em- 
ployee who  is  a  member  of  the  Kansas  national  guard  to  attend  drill  or 
annual  muster,  or  perform  active  service,  when  so  ordered  by  the  com- 
mander-in-chief; and  any  employer  who  shall  refuse,  or  shall  discharge  an 
employee  from  his  service  or  shall  in  any  way  punish  an  employee  for 
being  absent  in  the  performance  of  military  duty,  when  so  ordered  by  com- 
petent authority,  shall  on  conviction  be  punished  by  a  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense.  [G.  S.  1915, 
§  6199.] 


105 


§  294]  MINES  AND  MINING.  [Ch.  26,  Art.  1 


CHAPTER  26.— MINES  AND  MINING.* 

Article  1.  Acts  of  Miner  Endangering  Lives,  etc.    §§  294-296. 

2.  Bath-houses  at  Coal  Mines.    §§  297-301. 

3.  Black  Powder,  Use  in  Coal  Mines.    §§  302-307. 

4.  Dynamite  and  Other  Detonating  Explosives.    §§  308-312. 

5.  Escape-shafts  in  Coal  Mines.   §§  313-317. 

6.  Examining  Board,  Certification  of  Miners.    §§  318-328. 

7.  Fraudulent  Use  of  Check  Numbers.    §§  329-330. 

8.  General  Act  for  Health  and  Safety  of  Miners. 

(Act  of  1883.)     §§  331-342. 

9.  General  Act  for  Health  and  Safety  of  Miners. 

(Act  of  1897.)     §§  343-359. 

10.  Lead  and  Zinc  Mines,  Eight-hour  Day.   §§  360-361. 

11.  Mine-rescue  Work.    §§  362-370. 

12.  Room-and-pillar  Plan,  Entries,  etc.    §§  371-373. 

13.  Shot-firers,  Firing  of  Shots,  etc.     §§  374-381. 

14.  Sprinkling  and  Removal  of  Dust,  etc.    §§  382-386. 

15.  Telephone  Systems  in  Coal  Mines.    §§  387-392. 

16.  Weighing  of  Coal  at  the  Mine.    §§  393-399. 


ARTICLE  1.— Acts  of  Miner  Endangering  Lives,  etc.f 


§294.  Unlawful  for  miner  to  have  more 
than  twenty-five  pounds  of  pow- 
der or  other  explosive  at  one 
time;  manner  and  place  of  keep- 
ing such  amount;  pit  bosses,  etc., 
to  see  that  act  is  complied  with; 
penalty  for  violation  of  act ; 
owner,  etc.,  may  send  in  larger 


amount    for    purpose    of    distribu- 
tion to  miners. 

§295.  Miner,  workman,  etc.,  doing  acts 
which  endanger  lives  or  health  of 
persons  or  security  of  mine  or  ma- 
chinery, etc.,  guilty  of  misde- 
meanor ;  punishment. 
296.  Repeal  of  acts  in  conflict  herewith. 


LAWS  OF  1891,  CH.  147,  AS  AMENDED  BY  LAWS  OF  1913,  CH.  228. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  provide  for  the  health  and  safety  of  persons 
employed  in  and  about  the  coal  mines  of  Kansas,  and  providing  for  the  inspection  of 
the  same,"  and  amendatory  of  section  3851  of  the  General  Statutes  of  1889. 

§  294.  Unlawful  for  miner  to  have  more  than  twenty-five  pounds  of 
powder  or  other  explosive  at  one  time ;  manner  and  place  of  keeping  such 
amount;  pit  bosses,  etc.,  to  see  that  act  is  complied  with;  penalty  for  vio- 
lation of  act ;  owner,  etc.,  may  send  in  larger  amount  for  purpose  of  distri- 
bution to  miners.  (Explosives.)  It  shall  be  unlawful  for  any  miner  to 
have  in  his  possession,  in  any  coal  mines,  shaft,  slope  or  pit  in  this  state, 
more  than  twenty-five  pounds  of  powder  or  any  other  explosive  substance 
at  any  one  time ;  and  all  such  powder  or  other  explosive  substance  shall  be 
kept  in  a  tight  box  securely  locked,  and  such  boxes  shall  be  kept  at  least 
twenty  yards  from  the  working  face  in  all  such  coal  mines,  slopes,  drifts, 
or  pits ;  and  it  shall  be  the  duty  of  all  pit  bosses  or  other  persons  who  shall 
be  in  charge  and  control  of  any  coal  mine,  slope  drift  or  pit  in  this  state 
to  keep  watch  over  and  see  that  the  provisions  of  this  act  are  complied 
with;  and  any  person  violating  or  neglecting  to  comply  with  the  provi- 

*  Concerning  mining  of  coal  at  the  penitentiary,  see  ch.   12,  Convict  Labor. 
t  For  regulations  concerning  black  powder  see  article  3  of  this  chapter. 

106 


Ch.  26,  Art.  2] 


MINES  AND  MINING. 


[§§  295-297 


sions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on 
conviction  before  any  court  having  jurisdiction  thereof  be  fined  in  any 
sum  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  or  by  imprison- 
ment in  the  county  jail  not  more  than  thirty  days,  for  each  and  every 
such  offense;  but  nothing  contained  in  this  act  or  any  other  law  of  the 
state  of  Kansas  shall  be  construed  to  prohibit  the  owner,  lessee  or  oper- 
ator of  any  coal  mine  from  taking  or  sending  more  than  twenty-five 
pounds  of  powder  at  any  one  time  into  such  mine  for  the  purpose  of  mak- 
ing delivery  of  twenty-five-pound  packages  of  such  powder  to  the  miners 
employed  in  such  mine.  [G.  S.  1915,  §  6309.] 

§  295.  Miner,  workman,  etc.,  doing  acts  which  endanger  lives  or  health 
of  persons  or  security  of  mine  or  machinery,  etc.,  guilty  of  misdemeanor; 
punishment.  Any  miner,  workman  or  other  person  who  shall  intentionally 
injure  any  safety-lamp,  instrument,  air-way,  brattice,  or  obstruct  or 
throw  open  air-ways,  or  carry  lighted  lamps,  pipes  or  matches  into  places 
worked  by  the  light  of  safety-lamps,  or  shall  remove  or  disturb  any  part 
of  the  machinery,  or  who  shall  open  a  door  and  not  close  it  again,  or  enter 
any  place  of  the  mine  against  caution,  or  disobey  any  order  given  in 
carrying  out  the  provisions  of  this  act,  or  who  shall  do  any  willful  act 
whereby  the  lives  or  health  of  persons  or  the  security  of  the  mine  or  the 
machinery  is  endangered,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  punished  by  a  fine  or  imprisonment,  at  the  discretion  of 
the  court.  [G.  S.  1915,  §  6310.] 

§  296.  Repeal  of  acts  in  conflict  herewith.  All  acts  or  parts  of  acts  in 
conflict  with  the  provisions  of  this  act  are  hereby  repealed.  [G.  S.  1915, 
§  6311.] 

ARTICLE  2.— Bath-houses  at  Coal  Mines. 


§297.  Owner,  lessee,  etc.,  to  provide  bath- 
house convenient  to  entrance  of 
mine ;  equipment  of  such  bath- 
house ;  floor  space  required ;  floor- 
ing in  wash-room  or  bathroom  to 
be  concrete ;  specifications  for 
lockers  or  hangers ;  number  of 
lockers  or  hangers  required;  num- 
ber of  shower  baths;  employees 
to  furnish  towels,  soap,  and  lock 
for  locker  or  hanger  and  be  re- 
sponsible for  property  left  therein  ; 
owner,  etc.,  to  keep  such  bath- 
house clean  and  sanitary ;  act  not 
to  apply  to  mines  operated  on 
long-wall  system  or  over  600  feet 
in  depth  or  to  any  strip  mine; 
specifications  for  walls,  floors  and 
lockers. 


1298.  Owner,  lessee,  etc.,  not  liable  for  loss 
or  destruction  of  property  left  by 
employees  in  such  bath-house. 

299.  Penalty  for  failure  of  owner,  lessee, 

etc.,  to  comply  with  provisions  of 
act ;  each  day  of  such  failure  to 
constitute  a  separate  offense;  state 
inspector  of  mines  to  have  general 
supervision  of  this  law,  etc. ;  pro- 
visions concerning  bath-houses  al- 
ready in  existence ;  authority  of 
state  inspector. 

300.  Persons  using  such  bath-house  to  re- 

move cast-off  wearing  apparel 
therefrom ;  unlawful  to  commit 
any  nuisance,  etc.,  in  such  bath- 
house. 

301.  Penalty    for    violation    of    preceding 

section. 


LAWS  OF  1911,  CH.  222,  AS  AMENDED  BY  LAWS  OF  1913,  CH.  226,  LAWS 
OF  1915,  CH.  245,  AND  LAWS  OP  1917,  CH.  241. 

AN  ACT  to  promote  the  health  of  employees   in  coal  mines  by  providing  bath-houses   at 
coal  mines  and  prescribing  penalties  for  the  violation  thereof. 

§  297.  Owner,  lessee,  etc.,  to  provide  bath-house  convenient  to  en- 
trance of  mine;  equipment  of  such  bath-house;  floor  space  required;  floor- 
ing in  wash-room  or  bathroom  to  be  concrete;  specifications  for  lockers 
or  hangers;  number  of  lockers  or  hangers  required;  number  of  shower 
baths;  employees  to  furnish  towels,  soap,  and  lock  for  locker  or  hanger 
and  be  responsible  for  property  left  therein;  owner,  etc.,  to  keep  such 
bath-house  clean  and  sanitary;  act  not  to  apply  to  mines  operated  on 


107 


§§  298,  299]  MINES  AND  MINING.  [Ch.  26,  Art.  2 

long-wall  system  or  over  600  feet  in  depth  or  to  any  strip  mine;  specifi- 
cations for  walls,  floors  and  lockers.  It  shall  be  duty  of  every  owner,  or 
lessee,  its  officers  or  agents,  or  other  person  or  persons  having  jurisdic- 
tion or  direction  of  any  coal  mines  within  the  state  of  Kansas,  to  provide 
on  and  after  the  passage  and  publication  of  this  act,  a  suitable  building, 
which  shall  be  convenient  to  the  principal  entrance  of  such  mine  or  mines, 
and  equipped  with  individual  lockers  or  hangers,  benches  or  seats,  proper 
light,  heat,  hot  and  cold  water,  and  shower  baths,  and  maintain  same 
in  good  order,  for  the  use  of  persons  employed  therein,  for  the  purpose 
of  washing  and  bathing  of  employees  and  changing  of  clothing.  Said 
building  or  bath-house  to  have  sufficient  floor  space  for  the  accommoda- 
tion of  miners  or  others  using  the  same.  The  flooring  in  said  wash-room 
or  bathroom  to  be  of  concrete  or  cement  and  the  flooring  in  the  changing 
room  to  be  optional  with  the  owner  as  to  the  material  used.  All  lockers 
in  new  bath-houses  when  made  of  steel,  shall,  not  be  less  than  12  inches 
by  12  inches  by  48  inches  in  height;  when  made  of  lumber  shall  not  be 
less  than  12  inches  by  22  inches  by  48  inches  in  height;  with  partitions 
in  centers  of  wood  lockers.  Individual  hangers  shall  consist  of  not  less 
than  three  hooks  upon  which  to  hang  clothing  and  a  receptacle  of  suit- 
able size  for  use  in  connection  therewith,  attached  to  a  proper  chain  or 
wire  rope,  and  so  suspended  as  to  admit  of  hanger  being  raised  such 
height  that  the  wearing  apparel,  when  hung  thereon,  will  not  be  less 
than  seven  feet  above  the  floor  of  said  building,  and  of  being  locked  in 
that  position.  The  lockers  or  hangers  in  each  bath-house  shall  be  suffi- 
cient in  number  to  accommodate  the  employees  using  the  same,  and  there 
shall  be  one  shower  bath  for  every  15  employees  using  the  same.  Said 
employees  shall  furnish  their  own  towels  and  soap,  and  lock  for  their 
lockers  or  hanger,  exercise  control  over,  and  be  responsible  for  the  prop- 
erty by  them  left  therein.  The  individual  owner,  operator,  lessee, 
agent  or  company  or  corporation  shall  keep  said  bath-houses  in  a  clean 
and  sanitary  condition :  Provided,  All  bath-houses  built  at  underground 
mines  sunk  after  the  passage  of  this  act,  shall  be  constructed  as  follows: 
The  walls  shall  be  built  of  concrete  blocks,  cement,  brick,  stone  or  other 
noncombustible  material.  The  floors  shall  be  of  concrete  or  cement.  The 
lockers  shall  be  made  of  steel,  not  less  than  12  inches  by  12  inches,  by 
48  inches  in  height:  And  provided  further,  That  this  section  shall  not 
apply  to  any  mine  operated  on  the  long-wall  system,  any  mine  in  excess 
of  600  feet  in  depth,  or  any  strip  mine  or  coal  stripping.  [G.  S.  1915, 
§  6342,  as  amended  by  Laws  1917,  ch.  241,  §  1;  May  26.] 

Act  of  1911,  providing  for  bath-houses,  held  valid.     The  State  v.  Reaser,  93  K.  628. 

§  298.  Owner,  lessee,  etc.,  not  liable  for  loss  or  destruction  of  property 
left  by  employees  in  such  bath-house.  No  owner  or  lessee,  its  officers  or 
agents,  or  other  person  installing  such  bath-house  at  its  or  their  mine, 
or  mines,  shall  be  legally  liable  for  the  loss  or  destruction  of  any  prop- 
erty left  by  its  or  their  employees  at  or  in  said  bath-house.  [G.  S.  1915, 
§  6343.] 

§  299.  Penalty  for  failure  of  owner,  lessee,  etc.,  to  comply  with  pro- 
visions of  act;  each  day  of  such  failure  to  constitute  a  separate  offense; 
state  inspector  of  mines  to  have  general  supervision  of  this  law,  etc. ;  pro- 
visions concerning  bath-houses  already  in  existence;  authority  of  state 
inspector.  Any  owner  or  lessee,  its  officers  or  agents,  or  other  person  or 
persons  failing  or  refusing  to  comply  with  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall,  upon  conviction,  be  fined  the 
sum  of  not  less  than  fifty  dollars  ($50)  nor  more  than  one  hundred 

108 


Ch.  26,  Art.  3] 


MINES  AND  MINING. 


[§§  300-302 


dollars  ($100)  for  each  violation  of  the  provisions  of  this  act.  And  each 
day  there  is  a  failure  to  comply  with  the  provisions  of  this  act  shall  be  a 
separate  offense,  and  punished  as  such.  The  state  inspector  of  mines  shall 
have  general  supervision  of  this  law  and  the  enforcement  of  the  same, 
and  it  shall  be  optional  with  said  inspector  of  mines  to  waive  the  provi- 
sion of  this  act  as  to  all  bath-houses  that  have  been  constructed  prior  to  the 
taking  effect  of  this  act,  but  said  state  inspector  of  mines  is  hereby  given 
authority  to  require  such  bath-houses  already  in  existence  to  be  changed 
or  improved  as  in  his  judgment  may  be  necessary.  [G.  S.  1915,  §  6344.] 

§  300.  Persons  using  such  bath-house  to  remove  cast-off  wearing 
apparel  therefrom;  unlawful  to  commit  any  nuisance,  etc.,  in  such  bath- 
house. It  shall  be  the  duty  of  all  persons  using  said  bath-house  to  remove 
therefrom  all  cast-off  wearing  apparel.  It  shall  be  unlawful  for  any  per- 
son to  in  anywise  break,  injure,  or  destroy  any  bath-house  or  any  part 
or  appurtenance  thereto,  or  commit  any  nuisance  therein.  [G.  S.  1915, 
§  6345.] 

§  301.  Penalty  for  violation  of  preceding  section.  Any  person  found 
guilty  of  any  violation  of  section  6345  of  the  General  Statutes  of  1915 
(being  section  4  of  chapter  226  of  the  Laws  of  1913)  shall,  upon  convic- 
tion, be  fined  not  less  than  $5  nor  more  than  $10,  or  by  imprisonment  in 
the  county  jail  not  less  than  ten  days  nor  more  than  thirty  days,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of  the  court.  [G.  S. 
1915,  §  6346,  as  amended  by  Laws  1917,  ch.  241,  §  2;  May  26.] 

"Section  6345  of  the  General  Statutes  of  1915,"  mentioned  herein,  is  §  300, 
supra. 

Laws  1913,  ch.  226,  §  6  (G.  S.  1915,  §  6347)  repealed  "all  acts  and  parts  of  acts 
in  conflict  with  the  provisions  of  this  act." 


ARTICLE  3.— Black  Powder,  Use  in  Coal  Mines.* 


§302. 


Unlawful  to  sell,  offer  for  sale  or  de- 
liver for  use  at  any  coal  mine  any 
black  powder  except  in  original 
twenty-five  pound  packages ;  de- 
livery of  powder  to  miner. 
Unlawful  to  open  original  package  in 
any  manner  other  than  unsealing 
the  seal. 

304.  Unlawful  to  take,  convey,  cause  to 
be  conveyed,  etc..  into  coal  mine 
any  black  powder  except  as  pro- 


303. 


vided  in  §  302,  supra;  unlawful 
to  use  pick  or  other  metal  sub- 
stance in  opening  can  containing 
powder. 

§305.   Powder    not    to   be    delivered    in    car 
hauled    by     electric     motor    unless 
car   thoroughly   insulated. 
306.   Penalty  for  violation  of  §§  302,  305, 


307.   Penalty  for  violation  of   §§  303,   304, 
supra. 


LAWS  OF  1907,  CH.  250,  AS  AMENDED  BY  LAWS  OF  1913,  CH.  227. 

AX  ACT  to  protect  mines,  miners  and  mine  laborers,  and  defining  the  manner  of  sale  and 
delivery  of  black  powder  for  use  in  coal  mines  in  the  state  of  Kansas,  and  repealing 
sections  5045,  5046.  5047,  5048,  5049,  5050  of  the  General  Statutes  of  1909,  and  all 
laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this  act. 

§  302.  Unlawful  to  sell,  offer  for  sale  or  deliver  for  use  at  any  coal 
mine  any  black  powder  except  in  original  twenty-five  pound  packages; 
delivery  of  powder  to  miner.  It  shall  be  unlawful  for  any  individual,  firm 
or  corporation  to  sell,  offer  for  sale  or  deliver  for  use  at  any  coal  mine  or 
coal  mines  in  the  state  of  Kansas  black  powder  in  any  manner  except  in 
original  packages  containing  twenty-five  pounds  of  powder,  said  packages 
to  be  securely  sealed :  Said  powder  to  be  delivered  by  the  company  to  the 
miner  at  his  switch.  [G.  S.  1915,  §  6320.] 

Case  construing  act  of  1907: 

This  act  not  invalid  as  a  regulation  of  interstate  commerce.  In  re  "Williams,  79  K. 
212.  (Affirmed  on  appeal  to  supreme  court  of  United  States.  Williams  v.  Walsh. 
222  U.  S.  415.) 


rSee,  also,  article  1  of  this  chapter. 


109 


§§  303-308] 


MINES  AND  MINING. 


[Ch.  26,  Art.  4 


§  303.  Unlawful  to  open  original  package  in  any  manner  other  than 
unsealing  the  seal.  It  shall  be  unlawful  for  any  miner,  or  mine  laborer 
or  other  persons,  in  any  coal  mine  or  coal  mines,  to  open  an  original  pack- 
age of  powder  in  any  manner  other  than  unsealing  the  seal  thereof. 
[G.  S.  1915,  §  6321.] 

§  304.  Unlawful  to  take,  convey,  cause  to  be  conveyed,  etc.,  into  coal 
mine  any  black  powder  except  as  provided  in  §302,  supra;  unlawful  to 
use  pick  or  other  metal  substance  in  opening  can  containing  powder.  It 
shall  be  unlawful  for  any  miner,  mine  laborer,  or  other  person  or  persons, 
to  take,  convey,  or  cause  to  be  conveyed  into  any  coal  mine  or  coal  mines 
in  the  state  of  Kansas,  black  powder  in  any  other  manner  except  as  pro- 
vided in  section  1  of  this  act.  It  shall  be  unlawful  for  any  miner,  laborer 
or  other  persons  to  use  any  pick  or  other  metal  substance  or  instrument  in 
opening  any  can  containing  powder  in  the  mine.  [G.  S.  1915,  §  6322.] 

"Section  1  of  this  act,"  mentioned  herein,   is   §  302,  supra. 


Powder  not  to  be  delivered  in  car  hauled  by  electric  motor 
unless  car  thoroughly  insulated.  No  powder  shall  be  delivered  by  hauling 
same  in  any  car  hauled  by  an  electric  motor,  unless  the  car  in  which  the 
powder  is  hauled  is  thoroughly  insulated.  [G.  S.  1915,  §  6323.] 

§  306.  Penalty  for  violation  of  §§  302,  305,  supra.  Any  person,  or  cor- 
poration, or  officers  or  employees  of  any  corporation,  violating  any  of  the 
provisions  of  section  one  (1)  and  four  (4)  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in  any  court  of 
competent  jurisdiction  shall  be  fined  not  exceeding  $50  for  each  offense. 
[G.  S.  1915,  §  6324.] 

"Section   (1)   and  four   (4)  of  this  act,"  mentioned  herein,   are  §§  302,  305,  supra. 

§  307.  Penalty  for  violation  of  §§  303,  304,  supra.  Any  miner,  mine 
laborer  or  other  person  who  shall  violate  the  provision  of  section  2  or  3  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  in  any  court  of  competent  jurisdiction  shall  be  fined  not  exceeding 
$10  for  each  offense.  [G.  S.  1915,  §  6325.] 

"Section  2  or  3  of  this  act,"  mentioned  herein,  are  §§  303,  304,  supra. 

ARTICLE  4.— Dynamite  and  Other  Detonating  Explosives.* 

§308.  Dynamite  or  other  detonating  ex- 
plosives not  to  be  used  in  any  coal 
mine ;  use  of  such  explosives  un- 
der rules  and  regulations  agreed 
upon,  and  approved  by  inspector; 
rules,  etc.,  to  be  in  writing. 


§309.  Unlawful  to  direct  employees  to  go 
into  any  sinking  shaft,  etc.,  after 
use  of  dynamite,  etc.,  before  re- 
moval of  all  smoke,  gases,  etc. 

310.  Penalty  for  violation  of  $  308,  supra. 

311.  Penalty  for  violation  of  §  309,  supra. 

312.  Repeal   of    acts    in    conflict    herewith. 


LAWS  OF  1909,  CH.  175. 

AN  ACT  providing  for  the  protection  of  life,  limb  and  health  of  employees  in  coal  mines, 
and.  conservation  of  coal,  by  prohibiting  the  use  of  dvnamite  or  other  detonating  ex- 
plosives, and  providing  penalties  for  the  violation  thereof. 

§  308.  Dynamite  or  other  detonating  explosives  not  to  be  used  in  any 
coal  mine;  use  of  such  explosives  under  rules  and  regulations  agreed 
upon,  and  approved  by  inspector;  rules,  etc.,  to  be  in  writing.  It  shall  be 
unlawful  for  any  person  or  persons  engaged  in  coal  mining  to  use  or 
cause  to  be  used  dynamite  or  other  detonating  explosives  in  the  prepara- 
tion of  any  blast  or  shot  in  any  coal  mine  within  the  state  of  Kansas: 
Provided,  however,  That  dynamite  or  other  detonating  explosives  may  be 

*Concerning  the  storage,  handling,  etc.,  of  explosives,  see  ch'.  17. 

110 


Ch.  26,  Art.  5] 


MINES  AND. MINING. 


[§§  309-313 


used  under  such  rules  and  regulations  as  may  be  agreed  upon  between 
the  employer  and  the  employees,  same  to  be  approved  by  the  state  mine 
inspector.  All  rules,  regulations  and  permits  to  use  dynamite  or  other 
detonating  explosives,  as  herein  provided,  shall  be  in  writing.  [G.  S. 
1915,  §  6326.] 

§  309.  Unlawful  to  direct  employees  to  go  into  any  sinking  shaft,  etc., 
after  use  of  dynamite,  etc.,  before  removal  of  all  smoke,  gases,  etc.  It 
shall  be  unlawful  for  any  person  or  persons,  firm,  corporation  or  company 
to  direct  any  of  its  or  their  employees  to  go  into  any  sinking  shaft  or 
development  work  in  a  coal  mine,  after  shots  have  been  discharged  in 
which  dynamite  or  other  detonating  explosives  have  been  used,  before 
having  removed  all  smoke,  gases  or  other  unsanitary  conditions  that  may 
have  been  so  created  by  the  use  of  dynamite  or  other  detonating  explo- 
sives. [G.  S.  1915,  §  6327.] 

§  310.  Penalty  for  violation  of  §  308,  supra.  Any  person  or  persons 
violating  the  provisions  of  section  1  of  this  act  shall.be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  exceeding  twenty-five  dollars.  [G.  S.  1915,  §  6328.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  308,  supra. 

§  311.  Penalty  for  violation  of  §  309,  supra.  Any  person,  persons, 
firm,  company  or  corporation  violating  the  provisions  of  section  2  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars.  [G.  S.  1915, 
§  6329.] 

"Section  2  of  this  act,"  mentioned  herein,  is   §  309,  supra. 

§  312.  Repeal  of  acts  in  conflict  herewith.  Any  acts  or  parts  of  acts 
in  conflict  herewith  are  hereby  repe.aled.  [G.  S.  1915,  §  6330.] 

ARTICLE  5.— Escape-shafts  in  Coal  Mines. 


§313.  Escape-shafts  required  in  mine 
worked  by  or  through  shaft,  slope, 
or  drift,  where  more  than  ten 
miners  employed ;  communication 
between  contiguous  mines;  escape- 
shaft,  etc.,  constructed  in  con- 
nection with  every  vein  or  stratum 
of  coal  worked :  approval  by  secre- 
tary of  mine  industries  or  mine  in- 
spector ;  time  allowed  for  such  con- 
struction ;  second  escape-shaft  re- 
quired before  more  than  twenty- 
five  miners  employed. 

314.  Construction  of  such  escape-shaft: 
construction  of  stairways  in  such 
escape-shaft ;  traveling  ways  to  be 


kept  clear  of  obstructions;  stag- 
nant water  not  to  be  allowed  to 
accumulate. 

§315.  Complaint  to  be  made  by  secretary 
of  mine  industries  or  state  mine 
inspector  on  failure  of  owner,  etc., 
to  comply  with  two  preceding  sec- 
tions; evidence  in  such  action; 
owner,  operator,  etc.,  failing  to 
comply  with  said  sections  guilty  of 
misdemeanor;  punishment. 

316.  Extension    of    time    within    which    to 

complete  air  or  escapement  shafts 
required  by  §  313.  supra;  when 
work  shall  commence. 

317.  Repeal   of    acts    in   conflict   herewith. 


LAWS  OF  1899,  CH.  165,  AS  AMENDED  BY  LAWS  OF  1905,  CH.  304. 

AX  ACT  providing  for  the  sinking  of  escape-shafts  at  coal  mines  in  the  state  of  Kansas, 
and  providing  that  same  be  connected  with  main  or  hoisting-shaft,  and  providing  a 
penalty  for  the  violation  of  this  act. 

§  313.  Escape-shafts  required  in  mine  worked  by  or  through  shaft, 
slope,  or  drift,  where  more  than  ten  miners  employed;  communication  be- 
tween contiguous  mines;  escape-shafts,  etc.,  constructed  in  connection 
with  every  vein  or  stratum  of  coal  worked;  approval  by  secretary  of  mine 
industries  or  mine  inspector ;  time  allowed  for  such  construction ;  second 
escape-shaft  required  before  more  than  twenty-five  miners  employed.  In 
all  coal  mines  that  are  now  or  which  may  hereafter  be  put  in  operation  in 


111 


§§  314,  315]  MINES  AND  MINING.  [Ch.  26,  Art.  5 

the  state  of  Kansas  and  which  are  worked  by  or  through  a  shaft,  slope,  or 
drift,  and  in  which  more  than  ten  miners  are  employed  at  any  one  time, 
if  there  is  not  already  an  escapement-shaft  to  each  and  every  said  mine, 
or  communication  between  each  and  every  mine  and  other  contiguous 
mine,  then  there  shall  be  an  escape-shaft  or  some  other  communication 
such  as  shall  be  approved  by  the  secretary  of  mine  industries  or  mine 
inspector,  making  at  least  two  distinct  means  of  ingress  or  egress  for  all 
persons  employed  or  permitted  to  work  in  such  mine.  Such  escape- 
shaft  or  other  communication  with  a  contiguous  mine  aforesaid  shall 
be  constructed  in  connection  with  every  vein  or  stratum  of  coal  worked 
in  any  mine  and  accessible  from  every  entry,  plane  or  level  thereof;  and 
the  time  to  be  allowed  for  such  construction  shall  be  four  months  when 
such  mine  is  under  one  hundred  feet  in  depth,  and  eight  months  when 
said  mine  is  over  one  hundred  and  not  over  two  hundred  feet  in  depth, 
and  one  year  for  all  mines  over  two  hundred  feet  and  under  one  thou- 
sand, and  two  years  for  mines  over  one  thousand  feet:  Provided,  That 
not  more  than  twenty-five  miners  shall  be  employed  in  such  mine  at  any 
one  time  until  a  second  escape-shaft  is  constructed  in  accordance  with  the 
laws  of  this  state  and  approved  by  the  mine  inspector:  Provided  further, 
That  nothing  in  this  act  shall  be  construed  to  affect  mines  now  in  opera- 
tion until  the  period  of  limitations  for  constructing  the  escape-shafts 
herein  provided  for  shall  have  elapsed.  [G.  S.  1915,  §  6312.] 

For  act  extending  time  within  which  to  complete  escape-shafts,  see  §§316,  317, 
post. 

For  act  making  the  commissioner  of  labor -and  industry  state  mine  inspector,  see 
§  165,  ante. 

§  314.  Construction  of  such  escape-shaft;  construction  of  stairways  in 
such  escape-shaft;  traveling-ways  to  be  kept  clear  of  obstructions;  stag- 
nant water  not  to  be  allowed  to  accumulate.  Said  escape-shaft  shall  be 
constructed  at  least  three  hundred  feet  from  main  or  hoisting-shaft  or 
any  buildings  connected  therewith,  and  said  escape-shaft  shall  be  pro- 
vided with  stairways  securely  fastened  so  as  to  bear  the  combined  weight 
of  not  less  than  fifteen  men  ascending  or  descending  the  same.  Said 
stairway  shall  be  so  constructed  as  not  to  exceed  forty-five  degrees  of 
elevation  by  each  section  of  said  stairway,  and  each  section  shall  have 
substantial  guard-rails  securely  fastened,  and  the  stairways  shall  be 
separately  partitioned  from  the  parts  of  such  shafts  used  as  upcasts  or 
downcasts,  and  the  traveling-ways  between  the  bottom  of  main  shaft 
and  the  escape-shaft  or  stairway  shall  be  at  least  five  feet  in  height; 
said  traveling-ways  shall  be  kept  clear  of  all  obstructions,  and  stagnant 
or  standing  water  shall  not  be  allowed  to  accumulate  in  any  traveling- 
way  between  the  upcast  and  downcast  shafts.  [G.  S.  1915,  §  6313.] 

§  315.  Complaint  to  be  made  by  secretary  of  mine  industries  or  state 
mine  inspector  on  failure  of  owner,  etc.,  to  comply  with  two  preceding 
sections;  evidence  in  such  action;  owner,  operator,  etc.,  failing  to  comply 
with  said  sections  guilty  of  misdemeanor;  punishment.  Whenever  the 
owner,  agent  or  operator  of  any  mine  shall  neglect,  fail  or  refuse  to  com- 
ply with  sections  1  and  2  of  this  act,  it  shall  be  the  duty  of  the  secretary 
of  mine  industries  or  state  mine  inspector,  when  apprised  of  this  fact,  to 
enter  complaint  with  the  county  attorney  of  the  county  in  which  such  mine 
or  mines  are  located,  and  such  county  attorney  shall  immediately  prose- 
cute said  owner,  agent  or  operator  of  said  mine  the  same  as  in  other 
cases;  and  in  all  prosecutions  under  tins  act  it  shall  be  conclusive  evi- 
dence against  the  party  charged  if  it  shall  be  conclusively  proved  that  said 

112 


Cfc.  26,  Art.  6]  MINES  AND  MINING.  [§§  316,  317 

escape-shaft  was  not  constructed  according  to  the  provisions  of  this  act, 
and  within  the  time  heretofore  stated.  Any  owner,  operator,  agent  or 
lessee  who  fails  to  comply  with  sections  1  and  2  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  on  conviction  be  fined  in  a  sum 
not  less  than  five  hundred  dollars  nor  more  than  two  thousand  dollars, 
or  by  imprisonment  not  less  than  six  months  nor  more  than  two  years, 
or  by  both  such  fine  and  imprisonment.  [G.  S.  1915,  §  6314.] 

"Sections  1  and  2  of  this  act,"  mentioned  herein,  are  §§  313,  314,  vu.pra. 
Office    of   secretary    of   mine    industries    abolished,    commissioner    of    labor    and    in- 
dustry ex  officio  state  mine  inspector,  see  §§  163,  165,  ante. 

LAWS  OF  1917,  CH.  243. 

AX  ACT  relating  to  tscape  shafts  in  coal  mines,  and  extending  the  time  within   which  the 

same  may  be  completed. 

§  316.  Extension  of  time  within  which  to  complete  air  or  escapement 
skafts  required  by  §  313,  supra;  when  work  shall  commence.  That  in  all 

cases  where  any  coal  mine  heretofore  in  operation  in  this  state,  with  its 
principal  or  main  shaft  of  a  depth  of  over  one  thousand  feet,  and  having 
no  air  or  escapement  shaft  other  than  its  main  or  principal  shaft,  the 
time  within  which  to  complete  such  air  or  escapement  shaft,  as  required 
by  chapter  305  [304]  of  the  Laws  of  Kansas  1905,  page  473,  is  hereby 
extended  three  years  from  the  first  day  of  March,  1917:  Provided, 
That  work  on  such  escapement  shaft  shall  commence  and  continue  with 
not  less  than  a  double  shifting  crew  within  six  months  after  the  hoisting 
of  coal  from  said  mine  until  such  escapement  shaft  has  been  completed. 
[Laws  1917,  ch.  243,  §  1;  May  26.] 

See  note  to  following  section. 

§  317.  Repeal  of  acts  in  conflict  herewith.  All  acts  and  parts  of  acts 
in  conflict  with  this  act  are  hereby  repealed.  [Laws  1917,  ch.  243,  §2; 
May  26.] 

The  foregoing  act  refers  to  "chapter  305  of  the  Laws  of  Kansas  1905,  page  473."" 
The  act  is  very  similar  to  previous  acts  which  have  been  passed  which  referred  to 
•'chapter  304,  Laws  of  Kansas,  1905,  page  473,"  and  extended  the  time  for  the  com- 
pletion of  the  air  or  escapement  shafts  required  by  said  chapter.  The  act  of  1917, 
it  will  be  noted,  refers  to  "chapter  305"  instead  of  "chapter  304."  Inasmuch  as 
chapter  304  appears  on  page  473  of  the  Laws  of  1905  and  it  is  apparent  from  the 
terms  of  the  act  of  1917  that  it  was  intended  to  apply  to  said  chapter  304,  it  is  prob- 
able that  said  act  of  1917  extends  the  time  within  which  the  air  or  escapement  shafts 
required  by  chapter  304  of  the  Laws  of  1905  (§§  313-315,  supra)  may  be  completed. 

Laws  1909,  ch.  176,  provided  an  extension  of  two  years  from  the  passage  of  the 
act. 

Laws  1911,  ch.  223,  provided  an  extension  of  two  years  from  the  first  day  of 
March,  1911. 

Laws  1913,  ch.  229,  provided  an  extension  of  three  years  from  the  first  day  of 
March,  1913. 

Laws  1915,  ch.  246,  provided  an  extension  of  five  years  from  the  first  day  of 
March,  1915. 

ARTICLE  6.— Examining  Board,  Certification  of  Miners. 


§318.  Board  of  four  examiners  to  be  ap- 
pointed by  the  governor;  qualifi- 
cations of  members;  term  of  of- 
fice; selection  of  fifth  man  to  com- 
plete board ;  payment  of  compen- 
sation of  members  of  board. 

319.  Organization    of    board    by    selection 

of  chairman  and  secretary;  duties 
of  secretary ;  chairman  to  con- 
vene board;  publication  of  notice 
of  meeting  at  which  applicants 
to  be  examined. 

320.  Shot-firers,    shot-inspectors,    gas    men 

or    fire   bosses,    hoisting   engineers, 


mine    foreman    or    assistant    mine 

113 
8— Labor— 1725 


foreman  not  to  be  employed  unless 
examined  and  granted  certificates ; 
certificates  without  examination  to 
certain  employees ;  qualifications 
of  applicants  for  examination ;  na- 
ture of  examinations ;  age  and 
qualifications  required  for  differ- 
ent positions;  fees  to  be  paid  by 
applicants  for  certificates. 
§321.  Applicants  to  whom  board  shall 
grant  certificates;  certificates  of 
mine  foremen  to  be  of  two  grades ; 
examination  for  certificate  of  the 
first  grade. 


§§  318-320] 


MINES  AND  MINING. 


[Ch.  26,  Art.  6 


§322.  Forging,  altering  or  counterfeiting 
certificate,  attempting  to  secure 
employment  by  such  certificate  or 
making  false  representation;  mis- 
demeanor. 

323.  Loss    or    destruction    of     certificate; 

secretary  to  issue  duplicate ;  proof ; 
fee. 

324.  Certificates  may  be  revoked  by  board 

of  examiners ;  hearing ;  notice  to 
holder  of  certificate;  written 
charges ;  grounds  of  complaint ; 
right  of  holder  of  canceled  cer- 
tificate to  be  reexamined. 

325.  Fees     paid     to     state     treasurer     and 


credited    to    coal    mine   examiners' 
fund. 

§326.  Holder  of  first-grade  mine  foreman's 
certificate  may  serve  as  foreman, 
lire  boss,  shot-firer,  or  shop- 
inspector  ;  positions  which  may  be 
held  by  holder  of  second-grade 
certificate ;  employment  of  persons 
not  holding  certificates,  in  emer- 
gency ;  consent  of  examining 
board. 

327.  Penalty   for  violation  of   act  by   any 

owner,    operator,    lessee    or    agent 
of  any  coal  mine  in  this  state. 

328.  Act  to  apply  only  to  coal  mines. 


LAWS  OF  1917,  CH.  237. 

AN   ACT  relating  to   coal  mines    and  mining,    creating   an    examining  board,    prescribing 
duties  and  penalties  thereunder. 

§318.  Board  of  four  examiners  to  be  appointed  by  the  governor; 
qualifications  of  members;  term  of  office;  selection  of  fifth  man  to  com- 
plete board;  payment  of  compensation  of  members  of  board.  Immedi- 
ately after  the  passage  of  this  act  there  shall  be  appointed  by  the  gov- 
ernor a  board  of  four  examiners  to  serve  until  July  1st,  1921,  and  there- 
after such  board  of  examiners  shall  be  appointed  for  a  term  of  four  years. 
Two  of  said  board  shall  be  practical  coal  miners,  who  have  had  at  least 
five  years'  experience  as  miners  in  the  coal  mines  of  Kansas.  Two  shall 
be  operators  of  coal  mines  in  the  state  of  Kansas  or  representatives  thereof. 
The  four  thus  appointed  shall  select  a  fifth  man  to  complete  said  board. 
The  members  of  the  examining  board  shall  be  paid  out  of  the  coal-mine 
examiner's  fund,  upon  vouchers  to  be  approved  by  the  president  of  said 
board,  the  sum  of  $5  per  day  for  each  day  of  actual  service,  and  their 
necessary  expenses.  [Laws  1917,  ch.  237,  §  1 ;  March  29.] 

§  319.  Organization  of  board  by  selection  of  chairman  and  secretary ; 
duties  of  secretary;  chairman  to  convene  board;  publication  of  notice  of 
meeting  at  which  applicants  to  be  examined.  Immediately  after  their 
appointment  the  examiners  shall  meet  and  organize  by  selecting  a  chair- 
man and  secretary.  The  secretary  shall  keep  on  a  file  all  examination 
questions  and  their  answers  and  all  examination  records  and  papers  be- 
longing to  the  board.  The  examining  board  shall  convene  upon  the  call  of 
the  chairman.  Except  in  cases  of  emergency,  notices  of  all  meetings  of 
the  board  at  which  applicants  are  to  be  examined  shall  be  published  in  at 
least  two  newspapers  of  general  circulation  in  each  county  in  which  there 
are  coal  mines  at  least  five  days  before  the  day  of  meeting.  [Laws  1917, 
ch.  237,  §  2 ;  March  29.] 

§  320.  Shot-firers,  shot-inspectors,  gas  men  or  fire  bosses,  hoisting 
engineers,  mine  foreman  or  assistant  mine  foreman  not  to  be  employed 
unless  examined  and  granted  certificates;  certificates  without  examina- 
tion to  certain  employees;  qualifications  of  applicants  for  examination; 
nature  of  examinations;  age  and  qualifications  required  for  different  posi- 
tions; fees  to  be  paid  by  applicants  for  certificates.  On  and  after  Janu- 
ary 1,  1918,  no  shot-firers,  shot-inspectors,  gas  men  or  fire  bosses,  hoisting 
engineers,  mine  foreman  or  assistant  mine  foreman,  shall  be  employed  in 
any  mine  in  the  state  of  Kansas  unless  they  shall  have  been  examined  by 
the  state  board  of  examiners  and  shall  have  been  granted  certificates  as 
hereinafter  provided:  Provided,  That  men  holding  positions  at  the  time 
this  act  goes  into  effect  shall  be  granted  certificates  without  examination. 
Applicants  for  examination  shall  be  able  to  read  and  write  the  English 

114 


Ch.  26,  Art.  6]  MINES  AND  MINING.  [§§  321-324 

language  and  shall  satisfy  the  board  of  examiners  that  they  are  of  good 
moral  character,  and  not  be  a  user  of  intoxicating  liquors,  and  shall  be 
citizens  of  the  United  States.  All  applicants  shall  be  thoroughly  exam- 
ined with  reference  to  the  duties  of  the  positions  for  which  they  have  ap- 
plied for  certificates.  Applicants  for  certificates  as  engineers  shall  be  at 
least  twenty-one  years  of  age.  Applicants  for  certificates  as  deputy  mine 
inspectors,  mine  foreman,  and  assistant  mine  foreman,  shall  be  at  least 
twenty-five  years  of  age  and  shall  have  had  at  least  two  years'  experience 
as  practical  coal  miners,  mining  engineers  or  men  of  general  under- 
ground experience.  Applicants  for  certificates  as  fire  bosses  or  gas  men, 
shot-firers  or  shot-inspectors  shall  have  like  qualifications  and  experience 
in  the  mines  of  Kansas  or  elsewhere,  and  shall  also  have  had  experience 
in  mines  that  generate  explosive  and  noxious  gases.  Applicants  for  cer- 
tificates as  deputy  mine  inspectors,  mine  foreman,  assistant  mine  fore- 
man, and  hoisting  engineers  shall  before  examination  pay  to  the  board  a 
fee  of  $2,  and,  if  successful  a  further  fee  of  $3  for  a  certificate.  Other 
applicants  shall  before  examination  pay  to  the  board  of  examiners  a  fee 
of  $1,  and  if  successful  a  further  fee  of  $2  for  a  certificate.  [Laws  1917, 
ch.  237,  §3;  March  29.] 

§321.  Applicants  to  whom  board  shall  grant  certificates;  certificates 
of  mine  foremen  to  be  of  two  grades;  examination  for  certificate  of  the 
first  grade.  The  board  shall  grant  certificates  after  examination  to  all 
applicants  who  have  shown  themselves  familiar  with  the  duties  of  the 
positions  for  which  they  desire  certificates  and  are  capable  of  performing 
such  duties:  Provided,  That  certificates  of  mine  foremen  shall  be  of  two 
grades,  namely,  first  grade  certificates  and  second  grade  certificates. 
Certificates  of  the  first  grade  shall  be  granted  only  to  applicants  who  by 
oral  and  written  examinations  in  the  presence  of  and  relating  to  explosive 
gas  have  shown  themselves  competent  to  act  as  mine  foremen  in  mines 
which  generate  explosive  or  noxious  gases,  and  the  certificate  shall  so 
state.  [Laws  1917,  ch.  237,  §  4;  March  29.] 

§  322.  Forging,  altering  or  counterfeiting  certificate,  attempting  to 
secure  employment  by  such  certificate  or  making  false  representation; 
misdemeanor.  Any  person  who  shall  forge,  alter  or  counterfeit  a  certifi- 
cate, or  shall  secure  or  attempt  to,  secure  employment  by  use  of  such 
forged,  altered  or  counterfeit  certificate,  or  shall  falsely  represent  that 
he  is  a  holder  of  a  certificate,  regularly  issued  to  him,  shall  be  guilty  of 
a  misdemeanor.  [Laws  1917,  ch.  237,  §  5;  March  29.] 

§  323.  Loss  or  destruction  of  certificate;  secretary  to  issue  duplicate; 
proof;  fee.  In  case  of  loss  or  destruction  of  certificate,  the  secretary  of 
the  examining  board,  upon  satisfactory  proof  of  said  loss  or  destruction, 
may  issue  a  duplicate  thereof  on  the  payment  of  the  sum  of  $1.  [Laws 
1917,  ch.  237,  §  6;  March  29.] 

§  324.  Certificates  may  be  revoked  by  board  of  examiners ;  hearing ; 
notice  to  holder  of  certificate;  written  charges;  grounds  of  complaint; 
right  of  holder  of  canceled  certificate  to  be  reexamined.  All  certificates 
issued  hereunder  may  be  revoked  by  the  board  of  examiners  after  hear- 
ing, upon  due  notice  to  the  holder  of  the  certificate,  and  upon  written 
charges  preferred  by  the  board  or  by  some  interested  person  for  viola- 
tion of  this  act.  Complaint  may  be  filed  against  a  holder  of  a  certificate 
for  intoxication;  mental  disability;  neglect  of  duty  or  other  sufficient 
cause:  Provided,  however,  That  the  holder  of  the  certificate  so  canceled 

115 


§§  325-350] 


MINES  AND  MINING. 


[Ch.  26,  Art.  7 


shall  have  the  right  to  appear  before  the  examining  board  after  the  expi- 
ration of  three  months,  and  be  reexamined,  if  he  shall  first  satisfy  the 
board  that  the  incapacity  complained  of  shall  have  ceased  to  exist.  [Laws 
1917,  ch.  237,  §  7;  March  29.] 

§  325.  Fees  paid  to  state  treasurer  and  credited  to  coal  mine  exam- 
iners' fund.  All  fees  collected  by  said  board  of  examiners  shall  be  paid  to 
the  state  treasurer  and  credited  to  a  fund  to  be  known  as  the  coal  mine 
examiners'  fund.  [Laws  1917,  ch.  237,  §  8;  March  29.] 

§  326.  Holder  of  first-grade  mine  foreman's  certificate  may  serve  as 
foreman,  fire  boss,  shot-firer,  or  shot-inspector;  positions  which  may  be 
held  by  holder  of  second-grade  certificate;  employment  of  persons  not 
holding  certificates,  in  emergency ;  consent  of  examining  board.  Any  one 
holding  a  first-grade  mine  foreman's  certificate  may  serve  as  foreman  in 
any  mine,  and  may  serve  as  fire  boss,  shot-firer  or  shot-inspector ;  and  any 
one  holding  a  second-grade  mine  foreman's  certificate  may  serve  as  any 
of  the  above,  except  as  fire  boss  and  foreman  of  mines  which  generate 
explosive  or  noxious  gases;  and  in  case  of  emergency  any  mine  owner, 
with  the  consent  of  the  examining  board,  may  employ  any  trustworthy 
or  experienced  man  who  shall  not  hold  a  certificate  for  a  period  of  not 
more  than  thirty  days  as  mine  foreman,  assistant  mine  foreman,  fire  boss, 
shot-firer  or  shot-inspector.  [Laws  1917,  ch.  237,  §  9;  March  29.] 

§  327.  Penalty  for  violation  of  act  by  any  owner,  operator,  lessee  or 
agent  of  any  coal  mine  in  the  state.  Any  owner,  operator,  lessee,  or 
agent  of  any  coal  mine  in  the  state  of  Kansas  violating  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hun- 
dred dollars  or  be  imprisoned  in  the  county  jail  not  exceeding  one  year 
or  both.  [Laws  1917,  ch.  237,  §  10;  March  29.] 

§  328.  Act  to  apply  only  to  coal  mines.  The  provisions  of  this  act 
shall  apply  only  to  coal  mines.  [Laws  1917,  ch.  237,  §  11 ;  March  29.] 

ARTICLE  7.— Fraudulent  Use  of  Check  Numbers. 


§329.  Unlawful  to  change,  exchange,  sub- 
stitute, alter  or  remove  number  or 
check  number  on  car  or  pit  car 
with  intent  to  cheat  or  defraud; 
unlawful  to  place  number  or 


check  number  on  any  such  oar  for 
such  purpose. 

§330.   Penalty    for    violation    of    preceding 
section. 


LAWS  OF  1905,  CH.  214. 

AN  ACT  to  prohibit  the  fraudulent  use  of  miners'  check  numbers  in  and  about  mines,  and 
to  provide  a  penalty  and  punishment  therefor. 

§  329.  Unlawful  to  change,  exchange,  substitute,  alter  or  remove  num- 
ber or  check  number  on  car  or  pit  car  with  intent  to  cheat  or  defraud; 
unlawful  to  place  number  or  check  number  on  any  such  car  for  such  pur- 
pose. That  it  shall  be  unlawful  for  any  person  to  change,  exchange,  sub- 
stitute, alter  or  remove  any  number  or  check  number  .placed  upon  any 
car  or  pit  car  in  or  about  any  mine  in  the  state  of  Kansas,  with  the  intent 
to  cheat  or  defraud  any  other  person  out  of  the  value  of  his  services  in 
mining  and  loading  the  coal  or  mineral  contained  in  such  car  or  pit  car; 
and  it  shall  be  unlawful  for  any  person,  with  the  intent  to  cheat  or  de- 
fraud another,  to  place  any  number  or  check  number  upon  any  car  or  pit 
car  loaded  by  any  other  person  in  or  about  any  mine.  [G.  S.  1915,  §  6355.] 

§  830.  Penalty  for  violation  of  preceding  section.  Every  person  who 
shall  violate  any  of  the  provisions  of  section  1  of  this  act  shall  be  deemed 

116 


Oh.  2tf,  Art.  8] 


MINES  AND  MINING. 


[§531 


guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  of  not  more  than  pne  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  term  not  to  exceed  six  months,  or  by  both  such  fine  and 
imprisonment.  [G.  S.  1915,  §  6356.] 

tion   1  of  this  act,"  mentioned  herein,  is  §  329,  supra. 

ARTICLE  8.— General  Act  for  Health  and  Safety  of  Miners. 
(Act  of  1883.) 


Owner,  agent  or  operator  to  make 
or  cause  to  be  made  an  accurate 
map  or  plan  of  workings  of  coal 
mine ;  scale  of  such  map ;  copy  of 
map  kept  in  office  of  coal  mine 
and  copy  furnished  to  inspector; 
plan  of  progress  of  workings  to  be 
made  annually ;  abandonment  of 
coal  mine  to  be  reported  to  in- 
spector :  inspector  to  have  map 
made  if  owner  fail  to  file  map  or 
if  map  furnished  is  believed  to  be 
materially  inaccurate;  cost  of  such 
map. 

Openings  in  coal  mines;  construc- 
tion of  such  openings ;  number  of 
persons  permitted  to  work  in  such 
mine  until  such  openings  con- 
structed ;  furnace  ventilation ; 
speaking  tubes  and  means  of  sig- 
naling ;  regulations  concerning 
lowering  and  hoisting  persons  and 
machinery  therefor;  construction 
of  escapement  shaft ;  number  of 
men  employed  in  mine  seven  hun- 
dred feet  deep  or  more  designated 
by  state  mine  inspector. 
Beam  boilers  to  be  provided  with 
steam  gauge  and  water  gauge  and 
safety  valve ;  inspection  of  such 
boilers;  report  to  mine  inspector. 

Owner,  agent  or  operator  of  coal 
mine  to  maintain  ample  means  of 
ventilation;  requirements:  in- 
spector may  increase  amount  of 
air  when  necessary ;  inspection  of 
mine  every  morning;  air- ways  to 
be  provided. 

.'iiployment  of  inside  overseer, 
called  "mining-boss" ;  duties  of 
mining-boss:  travel  on  under- 
ground plane:  means  of  signaling; 
manholes  for  places  of  refuge; 


prop  timber  to  be  supplied ;  min- 
ing-boss to  measure  air  current 
and  report  to  inspector;  safety- 
lamps  to  be  furnished  by  owner; 
doors  in  mines  generating  ex- 
plosive gases.;  boreholes,  distance 
to  be  kept  in  advance;  boreholes 
on  sides  in  certain  cases. 
§336.  Fences  about  machinery  at  mines 
and  entrance  to  abandoned  shaft 
or  slope;  fences  around  top  of 
shaft  and  landing;  gates  or  bars 
to  be  kept  closed;  traveling-way 
in  side  of  hoisting-shaft. 

337.  Right  of  action  to  accrue  for  injury 

or  damage  to  person  or  property 
occasioned  by  violation  of  act  or 
failure  to  comply  with  provisions; 
right  of  action  when  death  ensues. 

338.  Duties  of  inspector  of  mines;   exam- 

ination of  mines;  record  of  such 
examinations;  coal  operators  to 
make  quarterly  statements  to  in- 
spector; matters  contained  in  an- 
nual report  of  inspector. 

339.  Notice  to  inspector  when  loss  of  life 

or  serious  accident  results  from 
explosion  or  other  accident;  notice 
to  coroner  when  any  person  killed; 
duty  of  inspector  "to  investigate; 
investigation  by  inspector  when 
results  do  not  require  coroner  to 
investigate;  attendance  of  wit- 
nesses ;  costs  of  such  investiga- 
tion. 

340.  Penalty    for     neglect    or     refusal    to 

comply  with  §§  331-336.  supra; 
application  of  penalties  recovered. 

341.  "Owner,"         "owners,"         "lessee," 

"agent,"  or  "operator,"  as  used 
in  this  act,  defined. 

342.  Repeal    of    acts    in    conflict    herewith. 


LAWS  OF  1883,    CH.  117,  AS  AMENDED  BY  LAWS  OF  1885,    CH.  143,  AND 
LAWS  OF  1889,  CH.  174. 

AN  ACT  to  provide  for  the  health  and  safety  of  persons  employed  in  and  about  the  coal 
mines  of  Kansas,  and  providing  for  the  inspection  of  the  same. 

§  331.  Owner,  agent  or  operator  to  make  or  cause  to  be  made  an 
accurate  map  or  plan  of  workings  of  coal  mine;  scale  of  such  map;  copy 
of  map  kept  in  office  of  coal  mine  and  copy  furnished  to  inspector;  plan 
of  progress  of  workings  to  be  made  annually ;  abandonment  of  coal  mine 
to  be  reported  to  inspector;  inspector  to  have  map  made  if  owner  fail  to 
file  map  or  if  map  furnished  is  believed  to  be  materially  inaccurate;  cost 
of  such  map.  That  the  owner,  agent  or  operator  of  every  coal  mine  shall 
make  or  cause  to  be  made  within  six  months  after  the  passage  of  this  act 
an  accurate  map  or  plan  of  the  workings  of  such  coal  mine,  and  each  and 
every  vein  thereof,  on  a  scale  not  exceeding  one  hundred  feet  to  the  inch, 
and  showing  the  bearings  and  distances,  which  shall  be  kept  in  the  office 

117 


§  332]  MINES  AND  MINING.  [Ch.  26,  Art.  8 

of  such  coal  mine;  and  it  shall  be  the  duty  of  the  owner,  agent  or  operator 
of  such  coal  mine  to  furnish  the  state  inspector  with  a  true  copy  of  said 
map  or  plan,  the  same  to  be  deposited  at  his  office.  And  such  owner, 
agent  or  operator  shall  cause,  on  or  before  the  10th  day  of  July  of  each 
year,  a  plan  of  the  progress  of  the  workings  of  such  coal  mine  during  the 
year  past  to  be  marked  on  the  original  map  or  plan  of  the  said  coal  mine, 
and  the  inspector  shall  correct  his  map  or  plan  of  said  workings  in  ac- 
cordance with  the  above  plan  or  map  thus  furnished.  And  when  any  coal 
mine  is  worked  out  or  abandoned  the  fact  shall  be  reported  to  the  in- 
spector, and  the  map  or  plan  of  such  coal  mine  in  his  office  shall  be  care- 
fully corrected  and  verified :  Provided,  If  the  owner,  agent  or  operator  of 
any  coal  mine  shall  neglect  or  refuse,  or  for  any  cause  fail,  for  the  period 
of  two  months  after  the  time  prescribed,  to  furnish  the  said  map  or  plan 
as  hereby  required,  or  if  the  inspector  shall  find  or  have  reason  to  believe 
that  any  map  or  plan  of  any  coal  mine  furnished  in  pursuance  of  this  act 
is  materially  inaccurate  or  imperfect,  he  is  hereby  authorized  to  cause  a 
correct  map  or  plan  of  the  actual  workings  of  said  coal  mine  to  be  made 
at  the  expense  of  the  owner,  agent  or  operator  thereof,  the  cost  of  which 
shall  be  recovered  from  said  owner,  agent  or  operator  as  other  debts  are 
recoverable  by  law :  Provided,  That  if  the  map  or  plan  which  the  inspector 
claimed  to  be  incorrect  shall  prove  to  have  been  correct,  then  the  afore- 
said expense  shall  be  paid  by  the  inspector.  [G.  S.  1915,  §  6272.] 

§  332.  Openings  in  coal  mines;  construction  of  such  openings;  number 
of  persons  permitted  to  work  in  such  mine  until  such  openings  con- 
structed; furnace  ventilation;  speaking  tubes  and  means  of  signaling; 
regulations  concerning  lowering  and  hoisting  persons  and  machinery 
therefor;  construction  of  escapement  shaft;  number  of  men  employed  in 
mine  seven  hundred  feet  deep  or  more  designated  by  state  mine  in- 
spector. It  shall  not  be  lawful,  after  six  months  from  the  passage  of  this 
act,  for  the  owner,  agent  or  operator  of  any  coal  mine  to  employ  any 
person  at  work  within  said  coal  mine,  or  permit  any  person  to  be  in  said 
coal  mine  for  the  purpose  of  working  therein,  unless  they  are  in  com- 
munication with  at  least  two  openings,  separated  by  natural  strata  of  not 
less  than  eighty  feet  in  breadth  if  the  mine  be  worked  by  shaft  or  slope, 
and  if  worked  by  drift  not  less  than  fifty  feet :  Provided,  however,  That 
such  coal  mine  shall  not  exceed  one  hundred  feet  in  depth  from  the  surface 
to  the  coal;  and  for  every  additional  one  hundred  feet  or  fractional  part 
thereof  six  months'  additional  time  will  be  granted;  but  in  all  cases  the 
number  of  men  shall  be  limited  not  to  exceed  twenty-five  until  the  second 
opening  is  perfected  and  made  available ;  and  a  roadway  to  the  same  shall 
be  kept  open,  not  less  than  three  feet  high  and  four  feet  wide,  thereby 
forming  a  communication  as  contemplated  in  this  act,  but  the  limit  herein 
prescribed  as  to  the  number  working  in  the  shaft  before  the  completion 
of  the  second  opening  shall  not  apply  to  mines  exceeding  seven  hundred 
feet  in  depth.  And  for  a  failure  to  do  as  provided  in  this  section,  the 
owner,  agent  or  operator  shall  be  subject  to  the  penalty  provided  for  in 
section  sixteen  of  this  act.  And  in  case  of  furnace  ventilation  being  used 
before  the  second  opening  is  reached,  the  furnace  shall  not  be  within  forty 
feet  of  the  foot  of  the  shaft,  and  shall  be  secured  from  danger  from  fire 
by  brick  or  stone  walls  of  sufficient  thickness;  and  the  flues  shall  be  com- 
posed of  incombustible  material  to  an  extent  of  not  less  than  thirty  feet 
from  the  furnace  and  the  mine  while  being  driven  for  making  or  perfect- 
ing a  second  opening.  In  all  cases  where  the  human  voice  cannot  be 

118 


Ch.  26,  Art.  8]  MINES  AND  MINING.          9  [§§  333, 334 

distinctly  heard,  the  owner,  agent  or  operator  shall  provide  and  maintain 
a  metal  tube  from  the  top  to  the  bottom  of  the  shaft  or  slope,  suitably 
adapted  to  the  free  passage  of  sound,  through  which  conversation  may  be 
held  between  persons  at  the  bottom  and  top  of  such  shaft  or  slope;  and 
there  shall  also  be  maintained  the  ordinary  means  of  signaling  to  and 
from  the  top  and  bottom  of  such  shaft  or  slope.  In  all  mines  of  one 
hundred  feet  in  depth  or  over  from  the  surface  of  the  ground  an  improved 
safety-catch  shall  be  used,  and  sufficient  horns  or  flanges  shall  be  attached 
to  the  sides  of  the  drum  of  every  machine  that  is  used  for  lowering  or 
hoisting  persons  into  and  out  of  said  mine  where  steam  is  used,  and  ade- 
quate brakes  shall  be  attached  thereto.  The  main  link  attached  to  the 
swivel  of  the  wire  rope  shall  be  made  of  the  best  quality  of  iron,  and 
shall  be  tested  by  weights  or  other  means  satisfactory  to  the  inspector  of 
mines  of  the  state;  and  bridle-chains  sh'all  be  attached  to  the  main  link 
from  the  cross-pieces  of  the  cage,  and  no  single-link  chain  shall  be  used 
for  lowering  or  raising  persons  into  or  out  of  said  mine;  and  not  more 
than  six  persons  shall  be  lowered  or  hoisted  by  the  machinery  at  any  one 
time;  and  only  sober,  competent  and  experienced  engineers  shall  be  em- 
ployed, and  said  engineer  shall  have  attained  at  least  the  age  of  eighteen 
years;  and  on  no  account  shall  any  coal  be  hoisted,  or  timber  or  any  other 
material  sent  up  or  down,  or  empty  cars,  while  persons  are  descending 
into  or  ascending  out  of  said  mine.  In  all  coal  mines  hereafter  opened  or 
that  shall  hereafter  go  into  operation  in  the  state,  the  owner  thereof,  or 
owners,  lessee,  agent  or  operator,  shall  construct  such  escapement-shaft 
as  is  now  required  by  law  in  this  state,  at  the  rate  of  fifty  feet  every  six 
months  until  such  escapement-shaft  shall  have  been  fully  completed;  and 
until  such  escapement-shaft  is  fully  completed  and  connected  with  the 
main  shaft,  it  shall  be  unlawful  to  work  over  twenty-five  men  in  said 
mine:  Provided  further,  That  the  number  of  men  to  be  employed  in  any 
mine  seven  hundred  feet  deep  or  more  prior  to  the  time  when  a  second  or 
air  shaft  is  sunk,  shall  be  designated  by  the  state  mine  inspector  after  a 
careful  examination  of  all  the  conditions  as  to  the  safety  and  health  of 
the  men  in  the  mines.  [G.  S.  1915,  §  6273.] 

§  333.  Steam  boilers  to  be  provided  with  steam  gauge  and  water 
gauge  and  safety  valve;  inspection  of  such  boilers;  report  to  mine  in- 
spector. Every  steam  boiler  used  in  or  around  the  coal  mines  of  this 
state  shall  be  provided  with  a  proper  steam  gauge  and  water  igauge,  to 
show  respectively  the  pressure  of  steam  and  the  height  of  water  in  the 
boiler,  and  to  be  also  provided  with  a  proper  safety-valve ;  and  the  owner, 
agent  or  operator  shall  have  the  said  boiler  or  boilers  examined  and  in- 
spected by  a  competent  boiler-maker  or  other  qualified  person  once  in 
every  six  months,  and  the  result  of  every  examination  shall  be  certified 
in  writing,  and  conveyed  to  the  mine  inspector  to  be  filed  in  the  records 
of  his  office.  [G.  S.  1915,  §  6274.] 

§  334.  Owner,  agent  or  operator  of  coal  mine  to  maintain  ample  means 
of  ventilation;  requirements;  inspector  may  increase  amount  of  air  when 
necessary;  inspection  of  mine  every  morning;  air-ways  to  be  provided. 
The  owner,  agent  or  operator  of  every  coal  mine,  whether  shaft,  slope  or 
drift,  shall  within  six  months  after  the  passage  of  this  act  provide  and 
thereafter  maintain  for  every  such  mine  ample  means  of  ventilation,  af- 
fording 100  cubic  feet  of  air  per  minute  per  person  in  all  mines 
where  the  coal  strata  are  three  feet  thick  or  over,  and  a  proportionate 
amount  for  thinner  strata,  which  shall  be  circulated  wherever  any  person 

119 


§  335]  ^         MINES  AND  MINING.  [Ch.  26,  Art.  8 

or  persons  may  be  working  in  said  mine.  The  inspector  may  increase 
the  amount  when  necessary,  to  such  an  extent  as  will  dilute,  carry  off  and 
render  harmless  the  noxious  gases  generated  therein;  and  all  mines  gen- 
erating fire-damp  shall  be  kept  free  of  standing  gas,  and  every  working- 
place  shall  be  carefully  examined  every  morning  with  a  safety-lamp  by  a 
competent  person,  before  any  workman  is  allowed  to  enter  therein;  and 
it  shall  be  the  duty  of  the  owner,  agent  or  operator  of  every  coal  mine  to 
provide  and  maintain  air-ways  of  sufficient  dimension  to  supply  the  re- 
quisite amount  of  air.  [G.  S.  1915,  §6275.] 

Section  applicable  to  all  mines  generating  gas  in  appreciable  quantities.     Cheek  v.   Bail- 
way  Co.,  89  K.  247;  Ward  v.  Fuel  Co.,  94  K.  626. 

§  335.  Employment  of  inside  overseer,  called  "mining-boss";  duties  of 
mining-boss;  travel  on  underground  plane;  means  of  signaling;  manholes 
for  places  of  refuge;  prop  timber  to  be  supplied;  mining-boss  to  measure 
air  current  and  report  to  inspector;  safety-lamps  to  be  furnished  by 
owner;  doors  in  mines  generating  explosive  gases;  boreholes,  distance  to 
be  kept  in  advance ;  boreholes  on  sides  in  certain  cases.  In  order  to  better 
secure  the  proper  ventilation  of  every  coal  mine  and  promote  the  health 
and  safety  of  the  persons  employed  therein,  the  owner,  agent  or  operator 
shall  employ  a  competent  and  practical  inside  overseer,  to  be  called  "min- 
ing-boss," who  shall  keep  a  careful  watch  over  the  ventilating  apparatus, 
the  air-ways,  traveling-ways,  pumps  and  pump  timbers  and  drainage, 
and  shall  see  that  as  the  miners  advance  their  excavations  all  loose  coal, 
slate  and  rock  overhead  ar.e  carefully  secured  against  falling  in  upon  the 
traveling- ways.  And  every  underground  plane  on  which  persons  travel, 
worked  by  self-acting  pulleys,  engines,  windlasses  or  machinery  of  what- 
ever description,  shall  be  provided  with  proper  means  of  signaling  be- 
tween the  stopping-places  and  the  ends  of  the  plane ;  and  shall  furthermore 
be  provided  in  every  case,  at  intervals  of  not  more  than  thirty  feet,  with 
sufficient  manholes  for  places  of  refuge.  And  every  road  on  which  per- 
sons travel  underground  where  the  coal  is  drawn  by  mules  or  other  ani- 
mals, shall  be  provided  at  intervals  of  not  more  than  sixty  feet  with  suffi- 
cient manholes  for  places  of  refuge.  And  every  mine  shall  be  supplied  with 
sufficient  prop  timber  of  suitable  length  and  size  for  the  places  where  it 
is  to  be  used,  and  kept  in  easy  access  to.  And  it  shall  also  be  the  duty  of 
the  mining  boss  to  measure  the  air  current  at  least  once  per  week  at  the 
inlet  and  outlet,  and  at  the  face  of  the  workings,  and  keep  a  record  of  such 
measurements,  and  report  the  same  to  the  inspector  of  the  state  once  in 
every  month.  The  safety-lamps  used  for  examining  the  mines,  or  which 
may  be  used  for  working  therein,  shall  be  furnished  by  and  be  the  property 
of  the  owner  of  said  mines,  and  shall  be  in  charge  of  the  agent  of  such 
mine.  And  in  all  mines  generating  explosive  gases  the  doors  used  in  assist- 
ing or  directing  the  ventilation  of  the  mine  shall  be  so  hung  and  adjusted 
that  they  will  close  themselves,  or  be  supplied  with  springs  or  pulleys  so 
they  cannot  be  left  standing  open ;  and  boreholes  shall  be  kept  not  less  than 
twelve  feet  in  advance  of  the  face  of  every 'working-place,  and  when  nec- 
essary, on  the  sides,  if  the  same  is  driven  toward  and  in  dangerous  prox- 
imity to  an  abandoned  mine  suspected  of  containing  inflammable  gases, 
or  which  is  inundated  with  water.  [G.  S.  1915,  §  6276.] 

Overseer  must  see  that  rock  overhead  is  carefully  secured.     Barrett  v.  Dessy,   78  K.  642  ; 

Little  v.  Norton,  83  K.  232  ;   Ozorkiewicz  v.  Carr,  83  K.  473. 
Obligation  to  drill  boreholes  not  discharged  by  order  to  drill.     Cheek  v.  Railway  Co.,  89  K. 

247. 

Judicial  notice  that  abandoned  mines  generate  gas.      Cheek  v.  Railway  Co.,   89  K.  247. 
Liability   of    company   not    shifted   by    negligence    of    untrustworthy    employee.      LeRoy    v. 

Railway  Co.,  91  K.  548. 

120 


Ofe.  26,  Art.  8]  MINES  AND  MINING.  [§§  336-338 

This   section    in   effect   debars   the   defense    of   contributory    negligence.      Baisdrenghien    v. 

Railway  Co.,  91  K.  730. 
Jurisdiction   as  between  state   and  federal  courts.      Baisdrenghien    v.  Railway  Co.,    91   K. 

730. 
Company    is    bound    to    furnish    props    of    serviceable    dimensions.      Ricci    v.    Mining   Co.. 

92  K.  349. 
Prop  timber  one-half  mile  away   not  a  compliance   with  requirement.      Henry  v.   Railway 

Co.,  97  K.  682. 
Failure  to  provide  manholes  held  not'  proximate  cause  of  injury.     Oplotnik  v.  Mining  Co., 

98  K.  356. 
Father  inay  bring  action  for  loss  of  services  resulting  from  injuries  received  by  minor  son 

caused  by  failure  of  defendant  to  provide  sufficient  prop  timber.      Henry  v.   Railway 

Co..  98  K.  567. 
Whole  of  room  in  which  coal  miner  works  is   his  working  place,   and  no  part  of  it  is  a 

traveling-way    within    the    meaning    of    this    section.      Ricardo    v.    Coal    &    Coke    Co., 

100  K.  95. 
]>uty  of  coal  miner  to  prop  the  room  and  make   it  safe  before  commencing  to  mine  coal 

therefrom,    considered:    rule   where   part   of   room  has  been  previously   worked   out  by 

another  miner.     Ricardo  v.  Coal  &  Coke  Co.,  100  K.  95. 

§886.  Fences  about  machinery  at  mines 'and  entrance  to  abandoned 
shaft  or  slope;  fences  around  top  of  shaft  and  landing;  gates  or  bars  to 
be  kept  closed;  traveling-way  in  side  of  hoisting-shaft.  All  machinery 
about  mines  and  the  entrance  of  every  abandoned  shaft  or  slope  shall  be 
properly  fenced  off,  and  the  top  of  each  shaft  and  each  landing  of  the 
same  shall  be  fenced  around  with  a  fence  not  less  than  three  feet  high  on 
every  side  except  the  side  or  sides  used  for  loading  and  unloading  the 
cages,  and  this  side  or  sides  shall  have  gates  or  bars,  which  shall  be  kept 
closed  at  all  times  except  during  the  active  use  of  the  cages  at  these 
places;  and  there  shall  be  cut  in  the  side  of  every  hoisting-shaft  at  the 
bottom  thereof  a  traveling-way  sufficiently  high  and  wide  to  enable  per- 
sons to  pass  the  shaft  in  going  from  one  side  of  the  mine  to  the  other 
without  passing  over  or  under  the  cages  or  other  hoisting  apparatus. 
[G.  S.  1915,  §  6277.] 

§  887.  Right  of  action  to  accrue  for  injury  or  damage  to  person  or 
property  occasioned  by  violation  of  act  or  failure  to  comply  with  pro- 
visions; right  of  action  when  death  ensues.  For  any  injury  to  person  or 
property  occasioned  by  any  violation  of  this  act,  or  any  willful  failure  to 
comply  with  its  provisions  by  any  owner,  lessee  or  operator  of  any  coal 
mine  or  opening,  a  right  of  action  against  the  party  at  default  shall  ac- 
crue to  the  party  injured  for  the  direct  damage  sustained  thereby;  and 
in  any  case  of  loss  of  life  by  reason  of  such  violation  or  willful  failure, 
a  right  of  action  against  the  party  at  fault  shall  accrue  to  the  widow  and 
lineal  heirs  of  the  person  whose  life  shall  be  lost  for  like  recovery  of 
damages  for  the  injury  they  shall  have  sustained.  [G.  S.  1915,  §  6280.] 

Jury  should  determine  facts  which  constitute  the  violation.    Ozorkiewicz  v.  Carr,  83  K.  473. 

Aotioms  prosecuted  by  widow  when  no  personal  representative  appointed.  Cheek  v.  Rail- 
way Co.,  89  K.  247;  Frere  v.  Railway  Co.,  94  K.  57. 

"Any  violation"  of  act  and  "willful  failure"  to  comply,  construed.  Cheek  v.  Railway  Co., 
89  K.  247. 

Willful  violation ;  contributory  negligence ;  demand  by  miner  not  required.  Le  Rov  v.  Rail- 
way Co.,  91  K.  548. 

When  action  should  be  brought  under  workmen's  compensation  act.  Frere  v.  Railway 
Co.,  94  K.  57. 

Father  may  bring  action  for  loss  of  services  resulting  from  injuries  received  by  minor  son 
caused  by  failure  of  defendant  to  provide  sufficient  prop  timber.  Henrv  v.  Railway 
Co..  98  K.  567. 

§  838.  Duties  of  inspector  of  mines;  examination  of  mines;  record  of 
such  examinations;  coal  operators  to  make  quarterly  statements  to  in- 
spector; matters  contained  in  annual  report  of  inspector.  The  inspector 
of  mines  shall  devote  the  whole  of  his  time  to  the  duties  of  his  office.  It 
shall  be  his  duty  to  examine  each  mine  in  the  state  as  often  as  possible, 
and  at  least  twice  each  year,  to  see  that  all  provisions  of  this  act  are  ob- 

121 


§§  339-341]  MINES  AND  MINING.  [Ch.  26,  Art.  3 

served  and  strictly  carried  out ;  and  he  shall  make  a  record  of  all  examina- 
tions of  mines,  showing  the  condition  in  which  he  finds  them,  the  number 
of  persons  employed  in  and  about  each  mine,  the  extent  to  which  the  law 
is  obeyed,  the  progress  made  in  the  improvements  sought  to  be  secured  by 
the  passage  of  this  act,  the  number  of  accidents  and  deaths  resulting 
from  injuries  received  in  the  mines,  and  all  other  facts  of  public  interest 
concerning  the  condition  and  progress  of  mining  in  this  state.  In  order  to 
facilitate  the  inspector  in  his  duties,  it  shall  be  the  duty  of  all  coal  op- 
erators to  make  quarterly  statements  to  the  inspector  of  the  amount  of 
coal  mined,  and  the  number  of  miners  and  other  persons  employed  around 
the  mines  each  quarter.  The  inspector's  record  and  all  matters  concerning 
the  coal-mining  business  of  public  interest  shall  be  embodied  in  the  in- 
spector's annual  report  made  to  the  governor  on  the  first  day  of  February 
each  year.  [G.  S.  1915,  §  6281.] 

The  commissioner  of  labor  and  industry  is  ex  officio  state  mine  inspector,  see  §  1(55, 
ante. 

Neglect   of  mine   inspector  no    excuse   for    negligence    of   owner.      Cheek    v.    Railway    Co., 
89  K.  247. 

§  339.  Notice  to  inspector  when  loss  of  life  or  serious  accident  results 
from  explosion  or  other  accident;  notice  to  coroner  when  any  person 
killed;  duty  of  inspector  to  investigate;  investigation  by  inspector  when 
results  do  not  require  coroner  to  investigate;  attendance  of  witnesses; 
costs  of  such  investigation.  Whenever  by  reason  of  any  explosion  or 
other  accident  in  any  coal  mine,  or  the  machinery  connected  therewith, 
loss  of  life  or  serious  personal  injury  shall  occur,  it  shall  be  the  duty  of 
the  person  having  charge  of  such  coal  mine  to  give  notice  thereof  forth- 
with to  the  inspector,  and  if  any  person  is  killed  thereby,  to  the  coroner  of 
the  county,  who  shall  give  due  notice  of  the  inquest  to  be  held.  It  shall  be 
the  duty  of  the  inspector  upon  being  notified  as  herein  provided  to  imme- 
diately repair  to  the  scene  of  the  accident,  and  make  such  suggestions  as 
may  appear  necessary  to  secure  the  future  safety  of  the  men;  and  if  the 
results  of  the  explosion  do  not  require  an  investigation  by  the  coroner,  he 
shall  proceed  to  investigate  and  ascertain  the  cause  of  the  explosion  or 
accident,  and  make  a  record  thereof,  which  he  shall  file  as  provided  for; 
and  to  enable  him  to  make  the  investigation,  he  shall  have  power  to  compel 
the  attendance  of  persons  to  testify,  and  to  administer  oaths  or  affirma- 
tions. The  cost  of  such  investigation  shall  be  paid  by  the  county  in  which 
the  accident  occurred,  in  the  same  manner  as  costs  of  inquests  held  by  the 
'coroner  or  justices  of  the  peace  are  paid.  [G.  S.  1915,  §  6282.] 

§  340.  Penalty  for  neglect  or  refusal  to  comply  with  §§  331-336,  supra; 
application  of  penalties  recovered.  Any  owner  or  owners,  lessee,  agent 
or  operator  of  any  coal  mine  who  shall  neglect  or  refuse  to  comply  with 
sections  one,  two,  three,  four,  five,  six  and  eight  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  subject  to  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  or  by  imprisonment 
in  the  county  jail  not  more  than  three  months,  or  by  both  such  fine  and 
imprisonment.  All  penalties  recovered  under  this  act  shall  be  applied,  in 
the  county  in  which  the  fine  is  collected,  to  the  support  of  common  schools. 
[G.  S.  1915,  §  6283.] 

Section  6234  of  the  General  Statutes  of  1915  relates  to  the  employment  of  minors 
in  coal  mines.  The  provisions  of  the  section  have  been  superseded  by  later  acts  relating 
to  child  labor,  which  will  be  found  in  chapter  8,  ante. 

§  341.  "Owner,"  "owners,"  "lessee,"  "agent,"  or  "operator,"  as  used 
in  this  act,  denned.  The  terms  "owner,"  "owners,"  "lessee,"  "agent,"  or 

122 


Ch.  26,  Art.  9] 


MINES  AND  MINING. 


[§§342,343 


"operator,"  as  used  in  this  act,  shall  include  the  immediate  proprietor, 
lessee  or  occupier  of  any  coal  mine,  or  any  person  having  on  behalf  of  any 
owner  or  owners  or  lessee  as  aforesaid  the  care  and  management  of  any 
coal  mine,  or  any  part  thereof.  [G.  S.  1915,  §  6285.] 

§  342.  Repeal  of  acts  in  conflict  herewith.  All  acts  or  parts  of  acts 
in  conflict  with  any  of  the  provisions  of  this  act  are  hereby  repealed. 
[G.  S.  1915,  §  6286.] 

ARTICLE  9.— General  Act  for  Health  and  Safety  of  Miners. 

(Act  of  1897.) 


J343.  Break-throughs  required  in  mines 
operated  by  system  of  room  and 
pillar;  distance  between  break- 
throughs. 

344.  Width     and    height    of    such    break- 

throughs; area  of  air-courses; 
compensation  for  making  same; 
operations  to  cease  until  break- 
throughs perfected ;  filling  of 
break-throughs  as  other  break- 
throughs are  made;  repair  of 
break-throughs  partly  open  or 
torn  down. 

345.  Ventilation    of    mines    mentioned    in 

§  343,  supra;  air  to  be  split  in 
four  currents;  amount  of  air  to  be 
supplied  for  each  person ;  open- 
ings to  abandoned  portions  of 
mine  to  be  securely  gobbed  and 
blocked  off;  not  lawful  to  use 
furnace  for  ventilation  where  ex- 
plosive gases  are  germinated. 

346.  Inspector    may     increase    volume    of 

air  when  required  to  carry  off 
noxious  gases ;  mines  generating 
fire-damp  to  be  kept  free  of  stand- 
ing gas ;  examination  of  such 
mines  every  morning ;  record  to 
be  made  by  examiner ;  proof  of 
inspection ;  notify  miners  in  case 
of  danger ;  fire-damp  to  be  diluted 
and  rendered  harmless. 

347.  Owner,   etc.,  to  case-line,   etc.,   where 

natural  strata  are  not  safe;  stair- 
ways in  .escapement-shafts;  trav- 
eling ways  between  bottom  of 
main  shaft  and  escapement-shaft: 
standing  water  not  to  be  allowed 
to  accumulate;  means  of  hoisting 
to  be  kept  ready  at  all  times 
where  stairways  cannot  be  con- 
veniently constructed. 

348.  Duty  of  foreman,  eager,  etc.,  or  per- 

son in  charge  of  bottom  of  shaft, 
when  any  six  employees  ready  to 
ascend ;  empty  cage ;  manholes  to 
be  provided  on  underground 
roads. 

349.  Air-ways    to    be   provided    and   main- 

tained; area  of  air-courses  in 
mines  operated  on  room-and-pillar 
system. 

350.  Stagnant   water   not   to  be  permitted 

to  remain  in  air-courses,   etc. ;   ob- 


structions not  to  be  placed  in 
cross-cuts,  rooms,  etc.,  used  as 
air-ways;  duty  of  mine-bosses  in 
case  of  fall  of  roof  or  where  sides 
of  air-ways  cave  in. 

J351.  Air-ways  to  be  examined  twice  each 
week ;  report  of  such  inspection 
to  be  forwarded  to  state  inspector 
once  each  month. 

352.  Mines  where  coal-dust,  etc.,   may  ac- 

cumulate to  be  sprinkled  or  satu- 
rated once  a  day  or  oftener. 

353.  Trap-doors    or    air-gates    not    to    be 

left  open  longer  than  while  pass- 
ing through ;  mine-boss  to  be  noti- 
fied when  brattice-cloth  torn 
down ;  same  to  be  replaced. 

354.  Coal  operators,    coal   companies,    etc., 

to  make  quarterly  report  to  in- 
spector of  mines;  matters  to  be 
reported  in  such  reports;  in- 
spector to  furnish  blanks. 

355.  Lard   oil    only    to   be    used   for   light- 

ing purposes ;    exception. 

356.  Inspector  to  have  right  to  enter  any 

coal  mine ;  inspector  to  notify 
owners,  etc.,  of  discovery  of  any 
violation  of  this  act  and  the  pen- 
alty imposed :  proceedings  to  be 
instituted  when  notice  disre- 
garded; duty  of  inspector  where 
such  delay  might  jeopardize  life 
or  limb;  order  mine  to  be  put  in 
reasonably  safe  condition  or  work 
suspended :  penalty  for  failure  to 
comply  with  such  order;  permis- 
sion of  inspector  to  resume  work ; 
owner,  etc.,  may  bring  action  to 
enjoin  inspector  from  enforcing 
such  order ;  when  injunction 
granted ;  service  of  notice  on  in- 
spector. 

357.  Inspector       authorized       to       furnish 

printed  copies  of  act:  copy  to  be 
posted ;  duty  of  mine-boss,  etc.,  to 
call  attention  of  miners  to  provi- 
sions of  act. 

358.  Penalty      for      noncompliance      with 

§§  343-358,  svpra,  by  owners, 
etc.,  or  miner  or  other  employee: 
act  construed  to  apply  only  to 
coal  mines,  etc.  • 

359.  Repeal    of    Laws    of    1895,    ch.    171. 

and  acts   in  conflict   herewith. 


LAWS  OF  1897,    CH.  159,  AS  AMENDED  BY  LAWS  OF  1901,    CH.  257,  AND 
LAWS  OF  1907,  CH.  251. 

AN  ACT  to  provide  for  the  health  and  safety  of  persons  employed  in  mines,  and  supple- 
mentary to  and  amendatory  of  chapter  66a,  General  Statutes  of  1889,  and  repealing 
chapter  171,  Session  Laws  of  1895,  and  providing  penalty  for  violation  of  the  same. 


Break-throughs  required  in  mines  operated  by  system  of  room 
and  pillar;  distance  between  break-throughs.     It  shall  be  unlawful  for 

123 


§§  344, 345]  MINES  AND  MINING.  [Ch.  26,  Art.  9 

any  mine  owner,  agent,  lessee  or  operator  of  any  coal  mine,  or  any  other 
underground  workings  where  any  kind  of  material  is  mined  or  excavated, 
in  either  shaft  mine,  slope  mine,  or  drift  mine,  by  system  of  room  and 
pillar,  to  mine  or  cause  to  be  mined  by  any  employee  therein,  in  any  of 
said  mines,  any  minerals  mined  by  bushel,  ton  or  other  rates,  to  excavate 
coal  or  other  minerals  in  an  advance  space  of  forty  feet,  unless  break- 
throughs are  made,  ranging  in  distance  as  follows:  Forty  feet  shall  con- 
stitute the  distance  between  break-throughs,  which  shall  be  made  through 
the  pillar  which  divides  either  rooms,  air-courses  or  entries,  where  any 
of  said  rooms,  air-courses  or  entries  are  in  operation,  and  in  no  case  shall 
the  distance  exceed  the  aforesaid  distance,  namely,  forty  feet,  irrespective 
of  thickness  or  distance  of  the  pillar  or  pillars  which  divide  such  rooms, 
air-courses  or  entries.  [G.  S.  1915,  §  6292.] 

This  act  construed.     Schmalstieg  v.  Coal  Co.,  65  K.  753. 

§  344.  Width  and  height  of  such  break-throughs;  area  of  air-courses; 
compensation  for  making  same;  operations  to  cease  until  break-throughs 
perfected;  filling  of  break-throughs  as  other  break-throughs  are  made; 
repair  of  break-throughs  partly  open  or  torn  down.  Said  break-throughs 
shall  be  at  least  six  feet  wide  and  the  full  height  of  coal  strata  or  other 
minerals  mined  which  do  not  exceed  six  feet  in  height,  and  in  no  case 
shall  the  air-courses  have  less  than  twenty-one  feet  of  an  area,  where 
mines  are  operated  on  room-and-pillar  system.  And  the  compensation 
for  making  such  break-throughs  shall  be  regulated  by  or  between  the  em- 
ployer and  employee;  and  any  room,  air-course  or  entry,  or  any  other 
working-places  where  miners  or  others  are  employed,  shall  cease  opera- 
tions at  the  working-faces  until  said  break-throughs  are  perfected  as 
herein  specified  in  section  one  of  this  act.  And  said  break-throughs  shall 
be  filled  with  either  slate-rock,  or  closed  by  brattice,  to  make  the  same 
air-tight,  as  soon  as  the  second  or  succeeding  break-throughs  are  made. 
And  in  any  case  any  of  such  break-throughs  are  partly  opened  or  torn 
down  by  the  concussion  of  shots  or  blasts,  or  by  premature  explosion  or 
otherwise,  the  foreman  or  superintendent  or  agent  in  each  or  any  of  the 
said  mines  shall  immediately  cause  any  of  such  break-throughs  to  be 
properly  closed  and  made  air-tight,  as  soon  as  notified  by  any  employee. 
[G.  S.  1915,  §  6293.] 

§  345.  Ventilation  of  mines  mentioned  in  §  343,  supra;  air  to  be  split 
in  four  currents;  amount  of  air  to  be  supplied  for  each  person;  openings 
to  abandoned  portions  of  mine  to  be  securely  gobbed  and  blocked  off ;  not 
lawful  to  use  furnace  for  ventilation  where  explosive  gases  are  germi- 
nated. Every  mine  owner,  agent,  superintendent,  lessee  or  operator  of 
coal  mines  or  underground  workings  of  the  character  mentioned  in  sec- 
tion 1  of  this  act  shall  provide  and  maintain,  for  every  mine  under  his 
direction,  management,  or  control,  ample  means  of  ventilation,  providing 
a  constant  and  adequate  supply  of  pure  air  to  every  person  working  in 
such  mine.  On  and  after  October  1,  1901,  as  to  every  mine  already  in 
operation,  and  from  and  after  the  expiration  of  six  months  next  after  the 
opening  of  any  new  mine  hereafter  for  operation,  said  air  shall  be 
split  into  at  least  four  separate  currents,  so  as  to  give  a  full  and  separate 
current  of  air  to  each  quarter-section  of  the  mine,  and  so  as  to  supply  to 
every  person  working  in  the  mine  at  his  working-place  at  least  one  hun 
dred  cubic  feet  of  pure  air  per  minute.  All  openings  to  worked-out  or 
abandoned  portions  of  every  operated  mine  shall  be  securely  gobbed  and 

124 


Ck.  26,  Art.  9]  MINES  AND  MINING.  [§§  346,  347 

blocked  off  from  the  operated  portions  thereof,  so  as  to  protect  every 
person  working  in  such  mine  from  all  danger  that  can  be  caused  or  pro- 
duced by  such  worked-out  or  abandoned  portions  of  said  mines.  It  shall 
not  be  lawful  to  use  a  furnace  for  the  purpose  of  ventilating  any  mine  in 
which  explosive  gases  are  germinated.  [G.  S.  1915,  §  6294.] 

"Section  1  of  this  act."  mentioned  herein,  is  §  343,  supra. 

Duty  is  upon  mine  owner  to  provide  proper  ventilation.  Schmalstieg  v.  Coal  Co., 
65  K.  753;  Ward  v.  Fuel  Co.,  94  K.  626. 

§  346.  Inspector  may  increase  volume  of  air  when  required  to  carry 
off  noxious  gases;  mines  generating  fire-damp  to  be  kept  free  of  stand- 
ing gas;  examination  of  such  mines  every  morning;  record  to  be  made 
by  examiner;  proof  of  inspection;  notify  miners  in  case  of  danger;  fire- 
damp to  be  diluted  and  rendered  harmless.  The  inspector  of  mines  shall 
cause  the  volume  of  air  to  be  increased  when  necessary  to  such  an  extent 
as  will  dilute,  carry  off  and  render  harmless  the  noxious  gases  generated 
therein.  And  mines  generating  fire-damp  shall  be  kept  free  of  standing 
gas,  and  every  working-place  shall  be  carefully  examined  every  morning 
with  a  safety-lamp  by  an  examiner  or  fire-boss  before  miners  or  other  em- 
ployees enter  their  respective  working-places.  Said  examiner  or  fire-boss 
shall  register  the  day  of  the  month  at  the  place  of  the  workings,  and  also 
on  top,  in  a  book  which  shall  be  kept  in  the  weighmaster's  office  for  such 
special  purpose ;  and  as  proof  of  inspection,  he  shall  daily  record  all  places 
examined  in  said  book,  and  in  case  of  danger  where  fire-damp  may  have 
accumulated  during  the  absence  of  any  person  or  persons  employed  there- 
in, said  examiner  or  fire-boss  must  notify  the  miners  or  those  employed 
therein,  or  those  who  may  have  occasion  to  enter  such  places.  And  the 
hydrogen  or  fire-damp  generated  therein  must  be  diluted  and  rendered 
harmless  before  any  person  or  persons  enter  such  working  or  abandoned 
part  of  the  mine  with  a  naked  light.  [G.  S.  1915,  §  6295.] 

Section  applicable  to  all  mines  generating  gas  in  appreciable  quantities.  Cheek  v.  Rail- 
way Co.,  89  K.  247. 

Mines  must  be  free  from  standing  gas.     "Ward  v.  Fuel  Co.,  94  K.  626. 

Company  not  relieved  of  liability  unless  proper  inspection  was  made.  Hartman  v.  Dickin- 
son, 95  K.  435. 

§  347.  Owner,  etc.,  to  case-line,  etc.,  where  natural  strata  are  not 
safe;  stairways  in  escapement-shafts;  traveling-ways  between  bottom  of 
main  shaft  and  escapement-shaft;  standing  water  not  to  be  allowed  to 
accumulate;  means  of  hoisting  to  be  kept  ready  at  all  times  where  stair- 
ways cannot  be  conveniently  constructed.  It  shall  be  the  duty  of  the 
owner,  lessee  or  operator  of  any  mine  where  the  natural  strata  are  not 
safe  in  or  around  all  workings,  pumping-  and  escaping-shafts,  to  securely 
case-line  or  otherwise  make  said  places  secure,  and  all  escapement-shafts 
shall  be  provided  with  stairways  securely  fastened,  so  as  to  bear  the  com- 
bined weight  of  not  less  than  fifteen  men  ascending  or  descending  the 
same.  Said  stairways  shall  be  so  constructed  as  not  to  exceed  forty-five 
degrees  of  elevation  by  each  section  of  said  stair,  and  each  section  shall 
have  substantial  guard-rails  securely  fastened,  and  the  stairways  shall  be 
separately  partitioned  from  the  parts  of  such  shafts  used  as  upcasts  or 
downcasts,  and  the  traveling-ways  between  the  bottom  of  the  main  shaft 
and  the  escaping-shaft  or  stairways  shall  be  at  least  five  feet  in  height. 
Said  traveling-ways  shall  be  kept  clear  of  all  obstructions,  and  standing 
or  stagnant  water  shall  not  be  allowed  to  accumulate  in  any  traveling-way 
between  the  upcast  and  downcast  shafts.  And  in  case  of  mine  shafts 
which  are  over  one  hundred  and  fifty  feet  in  depth,  where  stairways  can- 

125 


§§  348-353]  MINES  AND  MINING.  [Ch.  26,  Art.  9 

not  be  conveniently  constructed,  other  safe  means  of  hoisting  the  persons 
employed  in  any  such  mine  must  be  kept  ready  at  all  times,  so  as  to  be 
available  in  case  of  accident  to  the  regular  hoisting-shaft  or  machinery 
in  use  at  the  same.  [G.  S.  1915,  §  6296.] 

§  348.  Duty  of  foreman,  eager,,  etc.,  or  person  in  charge  of  bottom  of 
shaft,  when  any  six  employees  ready  to  ascend;  empty  cage;  manholes  to 
be  provided  on  underground  roads.  It  shall  be  the  duty  of  the  foreman, 
eager,  or  whosoever  may  have  charge  of  the  bottom  of  any  shaft,  to  give 
the  proper  signal  to  the  top-man  and  engineer  whenever  any  six  em- 
ployees who  work  therein  are  ready  to  ascend,  by  day  or  night,  and  for 
the  making  of  such  ascent  it  shall  be  the  duty  of  the  bottom  eager  to  give 
them  an  empty  cage  by  which  they  can  ascend.  And  every  road  on  which 
persons  travel  underground  when  the  coal  is  drawn  by  mules,  or  other 
powers,  shall  be  provided  at  intervals  of  not  more  than  thirty  feet  with 
sufficient  manholes  for  places  of  refuge.  [G.  S.  1915,  §  6297.] 

§  349.  Air-ways  to  be  provided  and  maintained ;  area  of  air-course  in 
mines  operated  on  room-and-pillar  system.  It  shall  be  the  duty  of  the 
owner,  lessee  or  operator  of  every  mine  to  provide  and  maintain  air-ways 
of  sufficient  dimensions,  and  in  no  case  shall  the  area  of  the  air-course  be 
less  than  twenty-one  feet  in  mines  operated  on  room-and-pillar  system. 
[G.  S.  1915,  §  6298.] 

§  350.  Stagnant  water  not  to  be  permitted  to  remain  in  air-courses, 
etc.;  obstructions  not  to  be  placed  in  cross-cuts,  rooms,  etc.,  used  as  air- 
ways; duty  of  mine-boss  in  case  of  fall  of  roof  or  where  sides  of  air-ways 
cave  in.  Standing  or  stagnant  water  shall  not  be  allowed  to  remain  in 
air-courses,  entries,  traveling-ways,  or  rooms.  Obstructions  of  any  kind 
must  not  be  placed  in  cross-cuts,  rooms  or  entries  used  as  air-ways.  And 
in  case  of  a  fall  of  roof,  or  where  the  sides  of  such  air-ways  cave  in,  it 
shall  be  the  duty  of  the  mine-boss  or  agent  in  any  such  mines  to  cause 
such  falls  or  obstruction  to  be  removed  immediately  and  the1  roof  and  sides 
made  secure.  [G.  S.  1915,  §  6299.] 

§  351.  Air-ways  to  be  examined  twice  each  week;  report  of  such  in- 
spection to  be  forwarded  to  state  inspector  once  each  month.  All  main 
air-ways  in  any  of  the  underground  workings  in  the  state  of  Kansas  shall 
be  examined  at  least  twice  a  week  by  the  mine-boss  or  agent,  or  some 
other  competent  person  so  directed  by  said  mine-boss  or  agent;  and  a 
report  of  such  inspection  shall  be  forwarded  to  the  office  of  the  state 
inspector  of  mines  at  least  once  a  month.  [G.  S.  1915,  §  6300.] 

§  352.  Mines  where  coal-dust,  etc.,  may  accumulate  to  be  sprinkled  or 
saturated  once  a  day  or  oftener.  It  shall  be  the  duty  of  the  mine-boss  or 
agent  in  charge  of  any  mine  where  coal-dust  or  any  other  inflammable  in- 
gredients may  accumulate,  to  cause  the  same  to  be  properly  sprinkled  or 
saturated  once  a  day,  and  oftener  if  necessary,  in  either  air-courses, 
entries,  rooms,  or  cross-cuts.  [G.  S.  1915,  §  6301.] 

§  353.  Trap-doors  or  air-gates  not  to  be  left  open  longer  than  while 
passing  through;  mine-boss  to  be  notified  when  brattice-cloth  torn  down; 
same  to  be  replaced.  No  employee  or  other  person  in  mines  is  allowed 
to  leave  trap-doors  or  air-gates  open  any  longer  than  while  passing 
through  said  gates  or  doors.  And  any  person  who  accidentally  or  otherwise 
tears  down  any  brattice-cloth  must  immediately  notify  the  mine-boss  or 
the  individual  having  supervision  of  the  air  in  such  mine,  and  the  same 
must  be  replaced  as  soon  as  notice  thereof  is  given  to  the  mine-boss  or 
person  in  charge  of  the  air.  [G.  S.  1915,  §  6302.] 

126 


Ch.  26,  Art.  9]  MINES  AND  MINING.  [§§  354-356 

§  354.  Coal  operators,  coal  companies,  etc.,  to  make  quarterly  report 
to  inspector  of  mines;  matters  to  be  reported  in  such  reports;  inspector 
to  furnish  blanks.  In  order  to  facilitate  the  inspector  of  mines  in  his 
duties,  it  shall  be  the  duty  of  all  coal  operators  and  coal  companies  or 
lessees  or  other  persons  engaged  in  mining  or  producing  coal  to  make  a 
quarterly  statement  to  the  mine  inspector  of  the  amount  of  all  coal  mined, 
the  number  of  miners  employed,  number  of  day  men,  number  of  boys,  and 
all  other  persons  employed  in  or  around  said  mine  or  mines,  not  later 
than  ten  days  after  the  end  of  each  quarter;  and  they  shall  also  state  the 
price  paid  miner  per  ton  or  bushel,  the  price  paid  to  day  hands  per  day, 
the  number  of  days  worked  by  miners  and  by  day  men,  the  number  of 
accidents,  and  deaths  resulting  from  injuries  in  and  around  the  said  mine 
or  mines.  It  shall  also  be  the  duty  of  the  mine  inspector  to  furnish  all 
coal  operators  and  all  coal  companies  or  lessees  or  other  persons  engaged 
in  mining  or  producing  coal,  with  printed  blank  forms  every  quarter,  for 
the  purpose  of  making  out  said  report  as  this  act  herein  provides  for. 
[G.  S.  1915,  §  6303.] 

§  355.  Lard  oil  only  to  be  used  for  lighting  purposes;  exception.  No 
person  employed  in  any  mine  shall  use  any  kind  of  oil  other  than  lard  oil 
for  lighting  purposes,  except  when  repairing  downcast  or  upcast  shafts. 
[G.  S.  1915,  §  6304.] 

§356.  Inspector  to  have  right  to  enter  any  coal  mine;  inspector  to 
notify  owners,  etc.,  of  discovery  of  any  violation  of  this  act  and  the 
penalty  imposed;  proceedings  to  be  instituted  when  notice  disregarded; 
duty  of  inspector  where  such  delay  might  jeopardize  life  or  limb;  order 
mine  to  be  put  in  reasonably  safe  condition  or  work  suspended;  penalty 
for  failure  to  comply  with  such  order;  permission  of  inspector  to  resume 
work;  owner,  etc.,  may  bring  action  to  enjoin  inspector  from  enforcing 
such  order;  when  injunction  granted;  service  of  notice  on  inspector.  That 
the  state  mine  inspector  may  be  enabled  to  perform  the  duties  here  im- 
posed upon  him,  he  shall  have  the  right  at  all  times  to  enter  any  coal 
mine  to  make  examination  or  obtain  information.  If,  in  any  coal  mine  or 
underground  workings  of  the  character  mentioned  in  section  1  of  this  act, 
or  in  any  portion  of  such  mine  or  workings,  because  ol  improper  or  inade- 
quate ventilation,  the  presence  of  stagnant  or  noxious  or  explosive  gases, 
inadequate  or  improper  air-ways  or  air-gates,  or  the  use  or  presence, 
with  the  knowledge,  connivance  or  consent  of  the  operator  or  person  in 
active  charge  of  said  mine,  for  illuminating  purposes,  of  oil  other  than 
lard,  or  other  equally  safe  first-class  oil,  lack  of  adequate  and  lawful 
stairways  break-throughs,  or  man-holes,  or  for  any  other  reasons  within 
the  power  of  the  operator,  owner  or  lessee,  by  the  exercise  of  ordinary 
care,  to  remove  or-  guard  against,  or  cause  to  be  removed  or  guarded 
against,  be  or  become  injurious  to  the  health  or  dangerous  to  the  lives  or 
limbs  of  persons  working  in  such  mine  or  part  of  mine,  the  state  mine 
inspector  shall  notify  the  owners,  lessees  or  agents,  immediately,  of  the 
discovery  of  any  violation  of  this  act,  and  of  the  penalty  imposed  thereby 
for  such  violation,  and  in  case  of  such  notice  being  disregarded  for  the 
space  of  ten  days,  he  shall  institute  prosecution  against  the  owner,  owners, 
lessees  or  agents  of  the  mine,  under  the  provisions  of  section  16,  chapter 
159,  Laws  of  1897.  In  any  case,  however,  where  in  the  judgment  of  such 
inspector  delay  may  jeopardize  life  or  limb,  he  shall  at  once  proceed  to 
the  mine  where  the  alleged  danger  exists  and  examine  into  the  matter, 
and  if  after  full  investigation  thereof  he  shall  be  of  the  opinion  that  there 

127 


§§  357,  358]  MINES  AND  MINING.  [Ch.  26,  Art.  9 

is  immediate  danger  of  life  or  limb  by  reason  of  the  unsafe  condition  of 
said  mine  or  some  part  thereof,  he  shall  immediately  order  the  owner, 
lessee,  operator,  agent,  manager,  superintendent  or  person  in  charge  of 
the  mine  to  forthwith  repair  and  put  in  reasonably  safe  condition  such 
dangerous  mine  or  part  of  mine,  or  suspend  all  work  in  and  about  such 
mine  or  parts  of  mine  found  to  be  in  fact  dangerous  to  life  or  limb ;  and 
in  the  event  that  said  owner,  lessee,  operator,  agent,  manager,  superin- 
tendent or  person  in  charge  of  the  mine  fails  to  use  due  diligence  in 
causing  the  repairs  so  ordered  to  be  made  in  the  time  specified  by  said 
mine  inspector,  then  said  mine  inspector  shall  order  the  owner,  lessee, 
operator,  agent,  manager,  superintendent  or  person  in  charge  of  the  mine 
to  immediately  suspend  all  work  in  and  about  such  mine  or  parts  of  mine 
found  to  be  in  fact  dangerous  to  life  or  limb;  and  if  the  owner,  lessee, 
operator,  agent,  manager,  superintendent  or  other  person  in  charge  of  the 
mine  shall  refuse  or  neglect  to  comply  with  such  order,  when  such  mine  or 
some  part  thereof  is  in  fact  dangerous  to  the  life  or  limb  of  parties  work- 
ing therein,  and  forthwith  repair  or  suspend  all  work  in  and  about  such 
mine  or  parts  of  mine  so  found  to  be  in  fact  dangerous,  he  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  exceeding 
four  hundred  dollars.  Work  in  and  about  such  mine  or  parts  of  mine  so 
found  to  be  dangerous  shall  not  be  resumed  until  permission  of  the  in- 
spector is  first  obtained,  unless  by  order  of  some  court  of  competent  juris- 
diction. In  case  of  the  inspector  making  such  order,  the  owner,  operator, 
superintendent  or  other  person  in  charge  of  such  mine  may  bring  an 
action  in  any  court  of  competent  jurisdiction  to  enjoin  the  inspector  from 
interfering  with  the  operation  of  the  mine,  but  no  injunction  shall  be 
granted  upon  such  application  without  twenty-four  hours'  notice  to  the 
inspector,  and  a  hearing  upon  such  application.  Said  notice  may  be  per- 
sonally served  upon  said  inspector  or  his  deputy,  if  found  in  the  country 
[county],  but  if  said  inspector  or  his  deputy  cannot  be  found  in  the 
country  [county]  where  said  action  is  commenced,  then  notice  or  summons 
may  be  served  [on]  said  inspector  by  placing  a  certified  copy  thereof, 
securely  sealing,  stamping,  addressing  and  mailing  same  to  said  inspector, 
at  the  post  office  nearest  the  mine  sought  to  be  closed  by  said  inspector; 
and  a  return  of  the  sheriff,  showing  service  of  notice  or  summons  cannot 
be  served  on  the  inspector  or  his  deputy  in  said  county,  shall  be  sufficient 
grounds  upon  which  to  obtain  service  by  mailing  same  as  above  provided. 
[G.  S.  1915,  §  6305.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  343,  ante. 

"Section  16,  chapter  159,  Laws  of  1897,"  referred  to  herein,  is  §  358,  post. 

§  357.  Inspector  authorized  to  furnish  printed  copies  of  act;  copy  to 
be  posted;  duty  of  mine-boss,  etc.,  to  call  attention  of  miners  to  provi- 
sions of  act.  The  inspector  is  hereby  authorized  to  furnish  every  mine 
owner,  agent,  lessee  or  operator  of  every  mine  which  he  knows  to  be  in 
operation,  with  a  printed  copy  of  this  act,  which  shall  be  kept  conspicu- 
ously posted  at  or  near  the  top  of  any  of  said  mines,  and  it  shall  be  the 
duty  of  the  mine-boss  or  agent  in  charge  to  call  the  attention  of  the 
miners  or  others  employed  to  the  provisions  of  this  act.  [G.  S.  1915, 
§  6306.] 

§  358.  Penalty  for  noncompliance  with  §§  343-357,  supra,  by  owners, 
etc.,  or  miner  or  other  employee;  act  construed  to  apply  only  to  coal 
mines,  etc.  In  case  of  noncompliance  with  sections  1,  2,  3,  4,  5,  6,  7,  8,  9, 
10, 11, 12, 13, 14  and  15  of  this  act  by  any  owner,  operator,  agent  or  lessee 

128 


Ch.  26,  Art.  11] 


MINES  AND  MININ<;. 


359-361 


:«iu.  Eight  hours  constitute  a  day's  labor 
in  lead  and  zinc  mines;  exception 
in  cases  of  certain  emergencies; 
basis  of  payment  in  emergencies. 


of  any  mine,  or  any  miner  or  other  employee  working  therein;  upon  whom 
any  duty  is  cast  by  any  of  said  sections,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  upon  conviction  of  the  same,  for  each  offense  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  and  not  to  exceed 
three  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period 
of  not  less  than  thirty  days  and  not  to  exceed  ninety  days,  or  by  both  such 
fine  and  imprisonment,  in  any  court  having  competent  jurisdiction:  Pro- 
vided, That  this  act  shall  be  construed  as  to  affect  or  apply  only  to  coal 
mines  of  this  state,  or  any  person  or  persons  operating  or  owning  such 
coal  mines.  [G.  S.  1915,  §  6307.] 

Sections  1-15,  mentioned  herein,  are  §§  343-357,  supra. 

§  350.    Repeal  of  Laws  of  1895,  ch.  171,  and  acts  in  conflict  herewith. 

And  chapter  171,  Session  Laws  of  1895,  and  all  other  acts  and  parts  of 
acts  in  conflict  with  this  act,  are  hereby  repealed.  [G.  S.  1915,  §  6308.] 

ARTICLE  10.— Lead  and  Zinc  Mines,  Eight-hour  Day. 

§361.  Penalty  for  requiring,  permitting, 
coercing  or  attempting  to  coerce 
any  person  to  work  more  than 
eight  hours  per  day ;  exception : 
acts  constituting  separate  offenses. 

LAWS  OF  1917,  CH.  242. 

AN    ACT   to   safeguard    the    health   of    employees   in    lead    and    zinc    mines    by    limiting    the 
hours  of  labor  and  providing  penalties  for  violation  of  this  act. 

§  360.  Eight  hours  constitute  a  day's  labor  in  lead  and  zinc  mines ; 
exception  in  cases  of  certain  emergencies;  basis  of  payment  in  emer- 
gencies. Eight  hours  per  calendar  day  shall  constitute  a  day's  labor  for 
all  persons  employed  in  lead  and  zinc  mines  in  the  state  of  Kansas,  except 
in  cases  of  emergencies  when  it  may  be  necessary  to  work  more  than  eight 
hours  for  the  protection  of  human  life  or  for  the  prevention  of  irreparable 
damage  to  property,  in  which  case  all  persons  working  more  than  eight 
hours  shall  be  paid  on  the  basis  of  eight  hours  constituting  a  day's  work 
[Laws  1917,  ch.  242,  §  1 ;  February  19.] 

§361.  Penalty  for  requiring,  permitting,  coercing  or  attempting  to 
coerce  any  person  to  work  more  than  eight  hours  per  day ;  exception ;  acts 
constituting  separate  offenses.  Any  owner,  manager,  foreman  or  other 
person,  who  shall  require,  permit,  coerce  or  attempt  to  coerce,  any  person 
to  work  more  than  eight  hours  any  calendar  day,  in  any  lead  or  zinc  mine, 
except  as  permitted  in  section  one  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  in  a  sum  not  less  than  ten 
nor  more  than  five  hundred  dollars :  Provided,  Violations  of  this  act  as  tc 
each  person  working  more  than  eight  hours  and  as  to  each  day  the  same  is 
required  or  permitted,  shall  be  separate  offenses.  [Laws  1917,  ch  242 
§2;  February  19.] 

ARTICLE  11.— Mine-rescue  Work. 


J362.  Governor,  commissioner  of  labor  and 
industry  and  assistant  commis- 
sioner constitute  mine- rescue  sta- 
tion committee;  purchase  location 
for  mine-rescue  station:  substa- 
tions; erection  or  remodeling  of 
buildings. 

363.  State  architect  to  assist  committee; 
plans  and  specifications  for  build- 
ings; approval  by  committee;  ar- 
chitect to  superintend  construc- 
tion. 

9— Labor— 1725. 


§364.  Space  provided  in  buildings  for 
equipment  belonging  to  or  pro- 
vided by  the  United  States  gov- 
ernment ;  accommodations  for  of- 
ficers and  employees;  room  for  as- 
sistant in  charge  of  mine  inspec- 
tion; mine-rescue  library,  labora- 
tory and  class  rooms. 

365.  Committee  to  purchase  necessary 
mine-rescue  and  first-aid  equip- 
ment and  appliances. 


129 


§§  362-364] 


MINES  AND  MINING. 


[Ch.  2«,  Art.  11 


§368.  Assistant  superintendent  to  train 
miners  in  mine-rescue  and  first- 
aid  work ;  training  of  children  in 
public  and  high  schools. 

369.  Purpose   of    mine-rescue    station    and 

duties  of  superintendent  and  as- 
sistant superintendent. 

370.  Building     for     housing     mine-rescue 

car ;  purchase  of  additional  appa- 
ratus and  equipment  for  rame- 
rescue  work. 


§366.  Assistant  commissioner  of  labor  and 
industry  ex  officio  superintendent 
of  mine-rescue  station;  commis- 
sioner of  labor  and  industry  to 
appoint  assistant  superintendents; 
charge  of  station  and  substations; 
examination  of  such  assistants  be- 
fore appointment;  examining  com- 
mittee. 

367.  Duty  of  superintendent  of  stations 
to  supervise  work  of  stations; 
duty  of  assistants;  rescue  of  men 
from  mines  when  notified  of  ex- 
plosion or  accident;  assistants  to 
report  weekly  to  superintendent. 

LAWS  OF  1917,  CH.  239. 

AN  ACT  relating  to  mine  rescue  work,   and  providing  for  the  acquiring  by  the  state  of 
mine-rescue  stations  and  mine-rescue  substations,  and  making  appropriations  therefor. 

§  362.  Governor,  commissioner  of  labor  and  industry  and  assistant 
commissioner  constitute  mine-rescue  station  committee;  purchase  loca- 
tion for  mine-rescue  station ;  substations ;  erection  or  remodeling  of  build- 
ings. Immediately  after  the  publication  of  this  act,  the  governor,  the 
commissioner  of  labor  and  industry  and  the  assistant  commissioner  of 
labor  and  industry  in  charge  of  mine  inspection,  as  a  committee  herein- 
after referred  to  as  mine-rescue  station  committee,  shall  purchase  a  suit- 
able location  in  Crawford  county,  Kansas,  for  a  mine-rescue  station  and 
suitable  location  in  said  county  and  Cherokee  county,  Kansas,  for  mine- 
rescue  substations,  and  shall  cause  to  be  erected  upon  said  location  in  said 
Crawford  county  a  building  for  a  mine-rescue  station,  or  in  case  there 
shall  already  be  a  building  on  the  location  so  purchased  shall  cause  said 
building  to  be  remodeled  for  such  purposes  and  shall  also  cause  to  be 
erected  on  said  other  location  suitable  buildings  for  mine-rescue  sub- 
stations. [Laws  1917,  ch.  239,  §  1 ;  April  5.] 

§  363.  State  architect  to  assist  committee;  plans  and  specifications  for 
buildings;  approval  by  committee;  architect  to  superintend  construction. 
That  said  committee  shall  call  to  its  assistance  the  state  architect,  who 
shall  prepare  plans  and  specifications  for  the  buildings  to  be  erected  or 
for  the  remodeling  or  altering  of  buildings  already  erected,  which  plans 
and  specifications  shall  be  approved  by  said  committee  in  writing,  and  said 
architect  shall  superintend  the  erection  of  said  building  under  the  direc- 
tion of  said  committee.  [Laws  1917,  ch.  239,  §  2 ;  April  5.] 

§  364.  Space  provided  in  buildings  for  equipment  belonging  to  or  pro- 
vided by  the  United  States  government;  accommodations  for  officers  and 
employees;  room  for  assistant  in  charge  of  mine  inspection;  mine-rescue 
library,  laboratory  and  class  rooms.  In  the  construction  or  reconstruc- 
tion of  said  building,  space  shall  be  provided  for  all  mine-rescue  equip- 
ment belonging  to  the  United  States  government  and  now  available  for  the 
use  of  said  committee  of  labor  and  industry,  and  for  all  such  equipment  as 
may  hereafter  be  provided  by  the  government  of  the  United  States  for  the 
use  of  such  assistant  commissioner  or  of  any  mine-rescue  department,  to- 
gether with  accommodations  for  such  officers  and  employees  as  shall  be 
furnished  by  the  United  States  government  to  care  for  and  aid  in  the  use 
of  such  equipment  and  appliances.  Room,  also  shall  be  provided  for  offi- 
cers or  assistant  commissioner  of  labor  and  industry  in  charge  of  mine 
inspection,  for  mine-rescue  library,  laboratory  and  class  rooms.  [Laws 
1917,  ch.  239,  §3;  April  5.] 


130 


Ch.  2<5,  Art.  11]  MINES  AND  MINING.  [§§  365-369 

§  365.  Committee  to  purchase  necessary  mine-rescue  and  first-aid 
equipment  and  appliances.  Said  committee  shall  purchase  all  necessary 
mine-rescue  and  first-aid  equipment  and  appliances  and  install  the  same 
in  said  central  station  and  substations.  [Laws  1917,  ch.  239,  §  4 ;  April  5.] 

§  366.  Assistant  commissioner  of  labor  and  industry  ex  officio  super- 
intendent of  mine-rescue  station;  commissioner  of  labor  and  industry  to 
appoint  assistant  superintendents;  charge  of  station  and  substations;  ex- 
amination of  such  assistants  before  appointment;  examining  committee. 
The  assistant  commissioner  of  labor  and  industry  in  charge  of  mine  in- 
spection shall  be  ex  officio  superintendent  of  said  mine-rescue  station  and 
the  commissioner  of  labor  and  industry  shall  appoint  one  assistant  super- 
intendent, who  shall  be  at  said  central  station,  in  said  Crawford  county, 
Kansas,  and  one  assistant  superintendent  at  each  of  said  substations, 
which  assistant  superintendents  shall  be  appointed  for  a  term  of  two 
years,  and  thereafter  such  assistants  as  shall  be  appointed  every  two 
years  by  said  commissioner  of  labor  and  industry.  Only  such  persons 
shall  be  appointed  such  assistants  as  shall  have  been  examined  for  that 
place  and  granted  certificates  by  the  government  examining  board;  in 
such  case  such  a  board  shall  be  created ;  otherwise  no  person  shall  be  ap- 
pointed to  the  office  of  such  assistant  unless  he  shall  be  examined  in  the 
duties  of  his  office,  including  mine-rescue  and  first-aid  work,  by  a  commit- 
tee of  three  examiners  qualified  in  such  work,  who  shall  be  appointed 
from  time  to  time,  when  necessary,  by  the  governor.  [Laws  1917,  ch.  239, 
§5;  Aprils.] 

§  367.  Duty  of  superintendent  of  stations  to  supervise  work  of  sta- 
tions; duty  of  assistants;  rescue  of  men  from  mines  when  notified  of 
explosion  or  accident;  assistants  to  report  weekly  to  superintendent.  It 
shall  be  the  duty  of  the  superintendent  of  stations  to  oversee  and  super- 
vise the  work  of  said  stations,  and  it  shall  be  the  duty  of  said  assistants 
to  see  that  all  equipment  in  their  charge  shall  be  kept  in  first-class  work- 
ing condition,  ready  for  emergency  and  training  work.  Such  assistants 
and  said  superintendent,  when  possible,  shall  rescue  men,  with  all  neces- 
sary appliances  when  notified  of  any  explosion  or  accident  of  any  kind 
in  any  mine  within  possible  reach  of  the  station;  and  such  assistants 
shall  report  weekly  to  the  superintendent  of  stations  all  such  details 
regarding  the  work  of  the  stations  as  shall  be  required  by  such  superin- 
tendent. [Laws  1917,  ch.  239,  §  6 ;  April  5.] 

§  868.  Assistant  superintendent  to  train  miners  in  mine-rescue  and 
first-aid  work;  training  of  children  in  public  and  high  schools.  Said 
assistant  superintendent  under  the  direction  of  said  superintendent,  shall, 
whenever  not  engaged  in  mine-rescue  and  first-aid  work,  devote  their 
time  to  training  miners  in  such  work,  and  when  possible  to  train  such 
children  in  public  and  high  schools,  as  may  desire,  in  such  work.  [Laws 
1917,  ch.  239,  §7;  April  5.] 

§  369.  Purpose  of  mine-rescue  station  and  duties  of  superintendent 
and  assistant  superintendent.  The  purpose  of  such  mine-rescue  stations 
and  the  duties  of  such  superintendent  and  assistant  superintendent,  shall 
be:  First,  to  aid  in  all  cases  of  accident  in  mines  within  their  reach, 
and  second,  furnish  instruction  and  training  of  those  engaged  in  mines  in 
such  work,  including  training  of  first-aid  and  mine-rescue  crews  of  mines. 
[Laws  1917,  ch.  239,  §8;  April  5.] 

Laws  1917,   ch.   239,    §  9,   provides   an   appropriation   of   $17,500   for   purchasing 
sites,   construction   and  remodeling  of  buildings,   equipment,   salaries,   etc. 

Laws  1917,   ch.  239,    §  10,  provides  that  the  auditor  shall  draw  warrants  for  the 
Slims  and  purposes  specified. 

131 


§§  370-372]  MINES  AND  MINING.  [Ch.  26,  Art.  12 

LAWS  OF  1913,  CH.  47. 

AN  ACT  making  an  appropriation  for  a  building  to  be  used  for  the  housing  of  mine-rescue 
car  No.  4,  and  for  the  purchase  of  mine-rescue  apparatus. 

WHKBEAS.  The  government  of  the  United  States  has  made  appropriations  for  th< 
struction  of  mine-rescue  cars,  to  be  used  for  the  purpose  of  saving  life  in  case  of  mine 
disaster;  and, 

WHEREAS,  The  state  of  Kansas  can  secure  the  permanent  location  of  mine-rescue  car 
No.  4  in  the  mining  district  of  the  state,  by  providing  a  building  for  the  housing  of  said 
car :  and, 

WHEREAS,  The  state  of  Kansas  has  never  made  provision  for  assisting  in  mine-rescue 
•work  or  the  saving  of  life  in  case  of  mine  disaster:  and, 

WHEREAS,   The  efficiency   of  the  rescue  work   in    case   of   mine   disaster    would    be    in- 
creased by  the  procuring  and  purchasing  of   additional  rescue   equipment    and   appamtu^  : 
now,  therefore, 
Be  it  enacted  by  the  Legislature  of  the  State  of  Kansas: 

§370.  Building  for  housing  mine-rescue  car;  purchase  of  additional 
apparatus  and  equipment  for  mine-rescue  work.  That  the  mine  inspec- 
tion department  of  the  state  of  Kansas  is  hereby  authorized  to  contract 
for  the  erection  of  a  suitable  building  in  or  near  the  city  of  Pittsburg, 
Kansas,  for  the  purpose  of  housing  mine-rescue  car  No.  4.  They  are 
further  authorized  to  purchase  such  additional  apparatus  and  equipment 
for  mine-rescue  work  as  may  be  deemed  necessary.  [G.  S.  1915,  §  6287.] 

Laws  1913,  ch.  47,   §§  2-3,  provide  an  appropriation  of  $3.500  for  paying  for  the 
building  and  the  apparatus  and  equipment  mentioned. 

ARTICLE  12. — Room-and-pillar  Plan,  Entries,  Etc. 


§371.  Manner  of  prosecuting  work  in  mine 
worked  on  room-and-pillar  plan; 
double  entries ;  two  entries  driven 
parallel;  cross-cuts;  requirements; 
mines  already  in  operation  under 
single-entry  plan. 

372.   Inspector    to    give    notice    to    owner, 
etc.,  of  coal  mine  to  conform  work- 


ings of  mine  to  requirements  of 
act;  owner,  etc.,  given  thirty  days 
to  comply. 

§373.  Penalty  for  failure  of  owner,  agent 
or  operator  to  comply  with  pro- 
visions of  §  371,  ante;  every  day 
mine  so  operated  after  first  con- 
viction deemed  separate  offense. 


LAWS  OF  1905,  CH.  305. 

AN  ACT  to  provide  for  the  health  and  safety  of  persons  employed  in  and  about  coal  mine-. 

§  371.  Manner  of  prosecuting  work  in  mine  worked  on  room-and-pil- 
lar plan;  double  entries;  two  entries  driven  parallel;  cross-cuts;  require- 
ments; mines  already  in  operation  under  single-entry  plan.  The  owner, 
agent  or  operator  of  any  coal  mine  in  this  state,  if  said  mine  is  worked 
on  the  room-and-pillar  plan,  shall  cause  the  work  in  such  mine  to  be  prose: 
cuted  in  the  following  manner,  and  none  other,  to  wit:  Two  entries 
must  be  driven  parallel  for  the  ingress  and  egress  of  the  air,  and  cross- 
cuts must  be  made  at  intervals  not  to  exceed  forty  feet  apart,  and  no 
rooms,  entries  or  other  openings  shall  be  allowed  to  start  inside  of  the  last 
cross-cut  until  the  next  one  is  made :  Provided,  That  in  the  case  of  mines 
already  opened  and  in  operation  under  the  single-entry  plan,  the  provi- 
sions of  this  act  shall  not  apply  to  such  parts  thereof  as  have  been  worked 
out  when  this  act  takes  effect.  [G.  S.  1915,  §  6317.] 

§  372.  Inspector  to  give  notice  to  owner,  etc.,  of  coal  mine  to  conform 
workings  of  mine  to  requirements  of  act;  owner,  etc.,  given  thirty  days 
to  comply.  The  state  coal-mine  inspector  shall,  after  the  taking  effect 
of  this  law,  give  notice  in  writing  to  the  owner,  agent  or  operator  in 
charge  of  each  coal  mine  in  this  state  now  being  worked  on  the  room-and- 
pillar  plan  to  conform  the  working  of  such  mine  to  the  requirements 
hereinbefore  set  out  and  prescribed;  and  such  owner,  agent  or  operator 
shall  have  thirty  days  in  which  to  comply  before  being  liable  to  the 
penalty  provided  herein.  [G.  S.  1915,  §  6318.] 

132 


Ch.  26;  Art.  13] 


MINES  AND  MINING. 


[§§  373,  374 


§  373.  Penalty  for  failure  of  owner,  agent  or  operator  to  comply  with 
provisions  of  §  371,  ante;  every  day  mine  so  operated  after  first  conviction 
deemed  separate  offense.  Any  owner,  agent  or  operator  in  charge  of  any 
coal  mine  worked  on  the  room-and-pillar  plan  failing  to  comply  with  the 
provisions  of  section  1  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  six  months  nor  more  than  one  year,  or  by  both  such  fine  and 
imprisonment;  and  every  day  that  the  mine  is  operated  contrary  to  the 
provisions  of  section  1  after  the  owner,  agent  or  operator  in  charge  there- 
of shall  have  been  convicted  for  a  first  offense  under  section  1  shall  be 
and  constitute  a  separate  and  distinct  subsequent  offense,  and  shall  be 
punished  as  such.  [G.  S.  1915,  §  6319.] 

ARTICLE  13.—  Shot-firers,  Firing  of  Shots,  Etc. 


5374;  Shot-nrers  to  be  employed  to  fire  all 
<hois:  unlawful  to  permit  shots  to 
bo  fired  oftener  than  once  each 
day  or  shift  or  until  all  persons 
hoisted  out  or  mine  vacated;  mines 
where  mechanical  shot-firing  de- 
vices used,  all  persons  to  be  out 
<.f  mine:  shots  in  sinking  and  de- 
veloping mine  :  shots  in  strip 
mines. 

Unlawful  to  permit  shot  in  strip 
mine  when  any  person  close 
"nouirh  to  be  injured. 
Two  shot-firers  to  be  employed  in  all 
mines  except  strip  mines,  etc.  ; 
unlawful  to  permit  shot  to  be  fired 
except  when  two  shot-firers  in 
mine. 

::  77.  Unlawful  to  permit  shot*  to  be  fired 
when  dust  accumulated  so  as  to 
make  it  dangerous. 


|378.  Regulations  concerning  preparing 
and  firing  of  shots;  hole  -pene- 
trating solid  face;  unlawful  to 
use  mixed  powder;  shot  in  body 
of  coal,  etc.,  already  loosened; 
following  or  dependent  shots; 
tamping  or  stemming  of  shot-hole; 
limit  of  amount  of  powder;  sec- 
tion not  applicable  to  strip  mines. 
:;7'.i.  Act  not  to  apply  to  mines  operated 
on  long-wall  system;  shot  not  to 
be  fired  in  such  mine  until  all 
persons  have  vacated  the  mine. 

380.  Penalty    for    failure    to    comply    with 

or  for  violation  of  provisions  of 
act  ;  each  day's  violation  or  fail- 
ure to  comply  to  constitute  a  sep- 
arate offense. 

381.  Sections    of    former    act    repealed    by 

this    act. 


LAWS  OF  1917,  CH.  240. 

AX  ACT  to  provide  for  the  protection  of  life  and  property  in   and  about  coal  mines,   re- 
pealing sections  6288,  6289.  6290,  and  6291,  General  Statutes  of  1915. 

§  374.  Shot-firers  to  be  employed  to  fire  all  shots;  unlawful  to  permit 
shots  to  be  fired  oftener  than  once  each  day  or  shift  or  until  all  persons 
hoisted  out  or  mine  vacated;  mines  where  mechanical  shot-firing  devices 
used,  all  persons  to  be  out  of  mine  ;  shots  in  sinking  and  developing  mine  ; 
shots  in  strip  mines.  That  all  owners,  lessees,  operators,  and  other  per- 
sons having  the  control  or  management  of  any  coal  mine  within  this  state 
shall,  while  such  mine  is  in  operation,  employ  shot-firers,  whose  duty  it 
shall  be  to  fire  all  shots  in  said  mine.  And  it  shall  be  unlawful  for  any 
such  owner,  lessee,  operator  or  other  person  to  permit  shots  to  be  fired  in 
such  mine  oftener  than  once  each  day  or  shift,  or  to  permit  any  such  shot 
to  be  fired  until  all  persons  shall  have  been  hoisted  out  of  or  shall  have 
vacated  such  mine,  except  the  persons  employed  to  fire  such  shot.  And  in 
mines  where  mechanical  shot-firing  devices  are  used  it  shall  be  unlawful 
to  fire  shots  until  all  persons  are  out  of  such  mine  :  Provided,  That  while 
sinking  and  developing  coal  mines  such  shots  may  be  fired  at  any  time 
during  the  day,  but  no  person  shall  be  permitted  to  enter  such  mine  after 
a  shot  shall  have  been  fired  until  all  smoke  from  the  shot  has  been  expelled 
from  the  mine:  And  provided  further,  That  in  all  strip  mines  such  shots 
may  be  fired  at  any  time  during  the  day.  [Laws  1917,  ch.  240,  §1; 
May  26.] 

Shot    prepared    by    inexperienced    shot-ftrer.    under    direction    of    foreman  :    employer    held 
liable   for  injuries  to   shot-firer.      Marshall  v.   Anderson,   98   K.   57:'.. 

133 


§|  376-380]  MINES  AND  MINING.  [Ch.  26,  Art.  13 

§  375.  Unlawful  to  permit  shot  in  strip  mine  when  any  person  close 
enough  to  be  injured.  That  it  shall  be  unlawful  for  any  owner,  lessee, 
operator  or  other  person  in  control  or  management  of  any  strip  mine  to 
permit  any  shot  to  be  fired  while  any  person  is  near  enough  thereto  to  be 
injured  from  such  shot.  [Laws  1917,  ch.  240,  §  2 ;  May  26.] 

§  376.  Two  shot-firers  to  be  employed  in  all  mines  except  strip  mines, 
etc.;  unlawful  to  permit  shot  to  be  fired  except  when  two  shot-firers  in 
mine.  That  in  all  mines  except  strip  mines  and  mines  equipped  with 
mechanical  firing  devices,  it  shall  be  the  duty  of  the  owner,  lessee,  oper- 
ator, or  person  in  charge  thereof  to  employ  at  least  two  shot-firers,  and  it 
shall  be  unlawful  to  permit  any  shot  to  be  fired  except  when  at  least  two 
shot-firers  are  in  the  mine.  [Laws  1917,  ch.  240,  §  3 ;  May  26.] 

§377.  Unlawful  to  permit  shot  to  be  fired  when  coal  dust  accumu- 
lated so  as  to  make  it  dangerous.  That  it  shall  be  unlawful  for  any 
owner,  operator,  lessee  or  other  person  in  charge  of  any  mine  to  permit 
any  shot  to  be  fired  in  any  coal  mine  where  there  is  such  an  accumulation 
of  coal  dust  as  will  make  it  dangerous  to  fire  such  shot.  [Laws  1917, 
ch.  240,  §4;  May  26.] 

§  378.  Regulations  concerning  preparing  and  firing  of  shots;  hole 
penetrating  solid  face;  unlawful  to  use  mixed  powder;  shot  in  body  of 
coal,  etc.,  already  loosened;  following  or  dependent  shots;  tamping  or 
stemming  of  shot-hole;  limit  of  amount  of  powder;  section  not  applicable 
to  strip  mines.  That  it  shall  be  unlawful  for  any  person  to  prepare  a 
shot  in  a  hole  which  has  been  drilled  so  as  to  penetrate  the  solid  face  be- 
yond the  point  which  Jias  been  prepared  for  the  shot ;  or,  to  load  any  shot 
with  mixed  powder;  or  to  prepare  or  fire  any  shot  with  black  powder  in 
any  body  of  coal  or  other  material  which  has  already  been  loosened  by  a 
previous  shot;  or  to  prepare  or  fire  any  following  or  dependent  shots;  or 
to  prepare  any  shots  without  tamping  or  stemming  the  shot-hole  with  in- 
combustible material,  and  without  using  any  coal  drillings,  such  tamping 
to  be  done  with  a  bar  composed  of  or  tipped  with  some  material  which  will 
not  produce  sparks;  or  to  load  any  shot  in  any  case  with  more  than  five 
pounds  of  black  powder:  Provided,  That  this  section  shall  not  apply  to 
strip  mines.  [Laws  1917,  ch.  240,  §  5 ;  May  26.] 

§  379.  Act  not  to  apply  to  mines  operated  on  long-wall  system;  skot 
not  to  be  fired  in  such  mine  until  all  persons  have  vacated  the  mine.  That 
the  preceding  sections  of  this  act  shall  not  apply  to  mines  operated  on  the 
long-wall  system  of  mining:  Provided,  That  it  shall  be  unlawful  for  any 
operator,  owner,  lessee,  or  agent,  operating  any  mine  on  the  long-wall  sys- 
tem of  mining,  to  permit  any  shot  to  be  fired  in  such  mine,  until  all  per- 
sons have  vacated  such  mine,  except  the  person  or  persons  firing  such 
shots.  [Laws  1917,  ch.  240,  §  6 ;  May  26.] 

§  380.  Penalty  for  failure  to  comply  with  or  for  violation  of  provisions 
of  act;  each  day's  violation  or  failure  to  comply  to  constitute  a  separate 
offense.  That  any  person,  firm  or  corporation  who  shall  fail  to  comply 
with  or  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine 
in  a  sum  of  not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars 
or  by  imprisonment  in  the  county  jail  for  a  period  not  to  exceed  thirty 
days  or  by  both  such  fine  and  imprisonment  and  each  day's  violation  or 
failure  to  comply  with  the  provisions  of  this  act  shall  constitute  a  sepa- 
rate offense.  [Laws  1917,  ch.  240,  §  7;  May  26.] 

134 


Oh.  26,  Art.  14] 


MINES  AND  MINING. 


[§§  381-385 


§  381.  Sections  of  former  act  repealed  by  this  act.  That  original  sec- 
tk»s  6288,  6289,  6290,  and  6291  of  the  General  Statutes  of  1915  be  and 
the  same  are  hereby  repealed.  [Laws  1917,  ch.  240,  §  8;  May  26.] 

ARTICLE  14.— Sprinkling  and  Removal  of  Dust,  Etc. 


>2.  Duty  of  mine  boss,  etc.,  in  charge  of 
mine  where  coal-dust,  etc.,  accu- 
mulate; sprinkling;  removal  of 
such  coal-dust,  etc.,  where  im- 
practicable to  overcome  by  sprink- 
ling ;  mine  inspector  and  deputy 
inspectors  to  enforce  preventive 
measures  against  gathering  or  ac- 
cumulation of  combustible  matter 
that  is  explosive. 


§383.  Penalty  for  neglect  or  refusal  to 
comply  with  preceding  section  by 
owner  or  lessee. 

384.  Drillings    to    be    removed    by    miner 

from  mouth  of  drill-hole  before 
shot  fired :  miners  not  to  use  coal- 
drillings  for  tamping  shots. 

385.  Penalty    for    neglect    or    refusal    to 

comply  with  provisions  of  pre- 
ceding section. 

386.  Repeal    of    acts    in    conflict   herewith. 


LAWS  OF  1909,  CH.  174. 

AN  ACT  providing  for  the  sprinkling  and  removal  of  dust  and  other  inflammable  in- 
gredients from  roadways,  air-ways,  rooms,  cross-cuts  or  other  openings  in  mines,  for 
the  protection  of  health,  life  and  safety  of  employees,  and  providing  penalties  for  the 
violation  thereof. 

§  382.  Duty  of  mine  boss,  etc.,  in  charge  of  mine  where  coal-dust,  etc., 
accumulate;  sprinkling;  removal  of  such  coal-dust,  etc.,  where  imprac- 
ticable to  overcome  by  sprinkling;  mine  inspector  and  deputy  inspectors 
to  enforce  preventive  measures  against  gathering  or  accumulation  of 
combustible  matter  that  is  explosive.  It  shall  be  the  duty  of  the  mine 
boss  or  agent  in  charge  of  any  mine  where  coal-dust  or  any  other  inflam- 
mable ingredients  accumulate  to  cause  the  same  to  be  properly  sprinkled 
or  saturated  in  either  air-courses,  entries,  rooms  or  cross-cuts,  or  if  im- 
practicable to  overcome  such  coal-dust  or  other  inflammable  ingredients 
by  sprinkling,  then  the  same  shall  be  removed  and  shall  not  be  depositefl 
where  it  will  again  be  distributed  in  the  atmosphere  by  the  ventilating 
currents,  or  removed  from  the  mine,  when  in  the  judgment  of  the  mine 
inspector  it  becomes  necessary  to  do  so.  It  shall  be  the  duty  of  the  mine 
inspector  or  deputy  inspectors  to  enforce  all  possible  preventive  measures 
necessary  to  maintain  the  safety  of  all  persons  employed  in  any  mine 
against  the  gathering  or  accumulation  of  any  combustible  matter  that 
is  explosive  in  its  nature,  and  shall  cause  the  operator,  or  whosoever 
is  operating  such  mine  as  owner,  lessee,  agent,  or  in  any  capacity,  to 
immediately  remove  any  such  accumulated  matter.  [G.  S.  1915,  §  6331.] 

§  383.  Penalty  for  neglect  or  refusal  to  comply  with  preceding  section 
by  owner  or  lessee.  Any  owner  or  lessee  who  shall  neglect  or  refuse  to 
comply  with  the  provisions  of  section  1  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  violation  of  the 
provisions  of  said  section  1  of  this  act.  [G.  S.  1915,  §  6332.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  382,  supra. 

§  384.  Drillings  to  be  removed  by  miner  from  mouth  of  drill-hole  be- 
fore shot  fired;  miners  not  to  use  coal-drillings  for  tamping  shots.  It 

shall  be  the  duty  of  the  miner  to  remove  the  drillings  from  the  mouth  of 
the  drill-hole  to  a  distance  of  not  less  than  fifteen  feet  before  the  shots 
are  fired,  and  no  miner  shall  use  coal-drillings  for  tamping  shots. 
[G.  S.  1915,  §  6333.] 

§  385.  Penalty  for  neglect  or  refusal  to  comply  with  provisions  of  pre- 
ceding section.  Any  miner  who  shall  neglect  or  refuse  to  comply  with 


135 


§§  386-390] 


MINES  AND  MINING. 


[Ch.  26,  Art.  15 


the  provisions  of  section  3  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  fined  in  a  sum  of  not  less  than,  one  dollar  nor 
more  than  ten  dollars  for  each  violation  of  said  section  3.  [G.  S.  1915, 
§  6334.] 

"Section  3  of  this  act,"  mentioned  herein,  is  §  384,  supra. 

§  386.  Repeal  of  acts  in  conflict  herewith.  All  acts  and  parts  of  acts 
in  conflict  with  the  provisions  of  this  act  are  hereby  repealed.  [G.  S. 
1915,  §  6335.] 

ARTICLE  15.— Telephone  Systems  in  Coal  Mines. 


§387.  Unlawful  to  operate  or  permit  to  be 
operated-  any  coal  mine  not 
equipped  with  party  line  telephone 
system. 

388.  Number  of  telephones  to  be  included 

in  such  system  of  party  line  tele- 
phones ;  places  where  such  tele- 
phones shall  be  located  in  and 
about  such  mine. 

389.  Telephones     may    be    removed    from 

worked-out   portion   of   mine. 

390.  Danger     signal    or     alarm;     duty     of 

drivers,  motormen  and  trip-riders 
to  notify  others ;  every  person  re- 


ceiving  signal   to   cooperate   in   giv- 
ing notice  to  others. 

SH91.  Penalty  for  willful  neglect  or  refusal 
to  obey  requirements  of  act,  will- 
fully giving  false  danger  signal  or 
tampering  with  or  destruction  of 
appliances. 

.'!<)•_'.  Penalty  for  refusal  or  neglect  of 
corporation,  company,  owner, 
lessee,  etc.,  to  comply  with  pro- 
visions of  act :  each  day  mine  so 
operated  to  constitute  a  separate 
offense. 


LAWS  OF  1911,  CH.  221. 

AN  ACT  to  promote  the  protection  and  safety  of  life  and  limb  of  employees  in   coal  mines. 
and  providing  penalties  for  the  violation  thereof. 

§  887.  Unlawful  to  operate  or  permit  to  be  operated  any  coal  mine  not 
equipped  with  party  line  telephone  system.  On  and  after  November  1, 
1911,  it  shall  be  unlawful  for  any  corporation,  company,  owner,  lessee, 
officer,  or  agent  to  operate  or  permit  to  be  operated  any  coal  mine  within 
the  state  of  Kansas,  not  equipped  with  a  party  line  telephone  system  as 
hereinafter  provided.  [G.  S.  1915,  §  6336.] 

§  388.  Number  of  telephones  to  be  included  in  such  system  of  party 
line  telephones;  places  where  such  telephones  shall  be  located  in  and 
about  such  mine.  There  shall  be  a  system  of  party  line  telephones  which 
shall  include  one  telephone  on  the  surface  not  to  exceed  one  hundred  feet 
from  the  tipple,  and  one  at  the  bottom  of  the  shaft  not  to  exceed  one  hjin- 
dred  feet  therefrom,  or,  in  slope  or  drift  mines  at  the  first  cross-entry 
from  the  mouth  of  slope  or  drift ;  and  in  addition  thereto,  there  shall  be 
one  telephone  in  the  main  entry  on  each  side  of  'the  mine  not  to  exceed 
1000  [feet]  from  the  bottom  of  the  hoisting  shaft,  slope  or  drift;  and 
there  shall  be  additional  telephones  installed  thereafter  in  the  main  entry 
on  each  side  of  the  mine  at  a  point  not  to  exceed  one  thousand  feet  from 
last  phone  installed :  Provided,  That  if  cross-entries  are  used  in  develop- 
ment in  place  of  main  entries,  this  regulation  shall  apply  thereto:  And 
provided  further,  That  when  main  entries  reach  the  land  line,  or  extreme 
point  of  development  at  a  distance  of  more  than  six  hundred  feet  from 
last  telephone  installed  in  such  entry,  then  an  additional  telephone  shall 
be  installed  at  last  cross-entries.  [G.  S.  1915,  §  6337.] 

§  389.  Telephones  may  be  removed  from  worked-out  portion  of  mine. 
Telephones  may  be  removed  in  the  development  of  any  mine,  from  any 
worked-out  portion  thereof.  [G.  S.  1915,  §  6338.] 

§390.  Danger  signal  or  alarm;  duty  of  drivers,  motormen  and  trip- 
riders  to  notify  others;  every  person  receiving  signal  to  cooperate  in  giv- 
ing notice  to  others.  In  case  of  a  danger  signal  or  alarm  being  given,  it 

136 


Ch.  26,  Art.  16] 


MINES  AND  MINING. 


[§§  391-393 


shall  be  the  duty  of  all  drivers,  motormen  and  trip-riders,  to  notify  all 
other  drivers,  mortormen,  trip-riders  or  miners  from  whom  they  haul 
coal,  and  it  shall  be  the  duty  of  every  person  in  the  mine  receiving  such 
danger  signal  to  cooperate  in  giving  notice  thereof  to  all  other  persons  in 
the  mine.  [G.  S.  1915,  §  6339.] 

§  391.  Penalty  for  willful  neglect  or  refusal  to  obey  requirements  of 
act,  willfully  giving  false  danger  signal  or  tampering  with  or  destruction 
of  appliances.  Any  willful  neglect  or  refusal  to  obey  the  requirements 
or  provisions  of  this  act,  or  willfully  giving  a  false  danger  signal,  or 
tampering  with  or  destruction  of  any  of  the  appliances  required  by  the 
provisions  of  this  act,  shall  be  deemed  a  misdemeanor,  punishable  by  a 
fine  of  not  less  than  fifty  dollars  and  not  to  exceed  two  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  not  exceeding  three  months,  or 
both,  in  the  discretion  of  the  court.  [G.  S.  1915,  §  6340.] 

§  392.  Penalty  for  refusal  or  neglect  of  corporation,  company,  owner, 
lessee,  etc.,  to  comply  with  provisions  of  act;  each  day  mine  so  operated 
to  constitute  a  separate  offense.  If  any  corporation,  company,  owner, 
lessee,  officer  or  agent  shall  refuse  or  neglect  to  comply  with  the  pro- 
visions of  this  act,  they  shall  be  deemed  guilty  of  a  misdemeanor  punish- 
able by  a  fine  of  not  less  than  one  hundred  dollars  for  each  offense,  or 
by  imprisonment  in  the  county  jail  not  less  than  six  months,  or  by  both 
such  fine  and  imprisonment,  and  each  day  that  any  mine  is  operated 
in  violation  of  the  provisions  of  this  act  shall  constitute  a  separate 
offense.  [G.  S.  1915,  §  6341.] 

ARTICLE  16.— Weighing  of  Coal  at  the  Mine. 


'.!>:;.  rnlawful  for  mine-owner,  etc.,  em- 
ploying miners  at  bushel  or  ton 
rates,  etc.,  to  pass  coal  over 
MTfen.  etc-..  before  same  is 
weighed  :md  credited  to  employee 
and  accounted  for  at  legal  rate 
of  weights. 

'.94.  Weighman  to  subscribe  oath  or  af- 
firmation: substance  of  oath  or 
affirmation ;  to  be  posted  in  weigh- 
office ;  penalty  for  violations  of 
provisions  of  act. 

195.  .Miners  uiav  employ  a  check-weigh- 
mr.n  at  their  own  expense;  rights 
:.nd  privileges  of  such  cKeck- 
weighman:  subject  to  same  oath 
and  penalties  ;ts  regular  weigh- 
man. 

nalty  for  having  or  using  auy 
M-ale  or  scales  for  fraudulent 
weighing  or  for  resorting  to  any 
means  to  prevent  coal  from  being 
•  •orrcctly  weighed,  and  reported. 


§397.  Contracts,  agreements,  etc.,  waiving, 
modifying  or  annulling  provisions 
of  §  393,  supra,  void  and  of  no 
effect ;  coal  sent  to  surface  shall 
be  accepted  or  rejected;  weighed, 
etc.,  when  accepted :  right  of  ac- 
tion not  to  be  invalidated. 

39*.  Provisions  of  act  to  apply  to  loaders 
in  mines  where  mining  done  by 
machinery :  contract  to  load  by 
bushel,  ton.  etc.;  output  to  be 
weighed  in  accordance  with  pro- 
visions of  this  act. 

399.  Secretary  of  mine  industries  ex- 
nfficio  inspector  of  weights,  meas- 
ures and  scales:  testing  of  scales: 
call  attention  of  mine-owner,  etc.. 
to  defects,  etc. :  penalty  for  re- 
fusing to  allow  inspector  or  depu- 
ties to  test  scales  or  for  failure  to 
put  such  scales  in  proper  adjust- 
ment, etc. ;  duty  of  prosecuting 
attorneys. 


LAWS  OF  1893,  CH.  188. 

AX  ACT  to  regulate  the  weighing  of  coal  at  the  mine. 

§393.  Unlawful  for  mine-owner,  etc.,  employing  miners  at  bushel  or 
ton  rates,  etc.,  to  pass  coal  over  screen,  etc.,  before  same  is  weighed  and 
credited  to  employee  and  accounted  for  at  legal  rate  of  weights.  It  shall 
be  unlawful  for  any  mine-owner,  lessee  or  operator  of  coal  mines  in  this 
state,  employing  miners  at  bushel  or  ton  rates  or  other  quantity,  to 
pass  the  output  of  coal  mines  by  said  miners  over  any  screen  or  other 
device  which  shall  take  any  part  from  the  value  thereof  before  the  same 
shall  have  been  weighed  and  duly  credited  to  the  employees  and  accounted 

137 


§§  394-398]  MINES  AND  MINING.  [Ch.  26,  Art.  16 

for  at  the  legal  rate  of  weights  as  fixed  by  the  laws  of  Kansas.  [G.  S. 
1915,  §  6348.] 

§  394.  Weighman  to  subscribe  oath  or  affirmation;  substance  of  oath 
or  affirmation;  to  be  posted  in  weigh-office;  penalty  for  violation  of  pro- 
visions of  act.  The  weighman  employed  at  any  mine  shall  subscribe  an 
oath  or  affirmation,  before  a  justice  of  the  peace  or  other  officer  author- 
ized to  administer  oaths,  to  do  justice  between  employer  and  employee, 
and  to  weigh  the  output  of  coal  from  mines  in  accordance  with  the  pro- 
visions of  section  one  of  this  act.  Said  oath  or  affirmation  shall  be  kept 
conspicuously  posted  in  the  weigh-office,  and  any  weigher  of  coal  or  per- 
sons so  employed  who  shall  knowingly  violate  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars  for  each  offense,  or  by  imprisonment  in  the  county  jail 
for  a  period  not  to  exceed  thirty  days,  or  by  both  such  fine  and  imprison- 
ment. [G.  S.  1915,  §  6349.] 

§  895.  Miners  may  employ  a  check-weighman  at  their  own  expense; 
rights  and  privileges  of  such  check-weighman;  subject  to  same  oath  and 
penalties  as  regular  weighman.  The  miners  employed  by  or  engaged  in 
working  for  any  mine-owner,  operator  or  lessee  in  this  state  shall  have 
the  privilege,  if  they  so  desire,  of  employing  at  their  own  expense  a 
check-weighman,  who  shall  have  like  rights  and  privileges  in  the  weigh- 
ing of  coal  as  the  regular  weighman,  and  be  subject  to  the  same  oath  and 
penalties  as  the  regular  weighman.  [G.  S.  1915,  §  6350.] 

§  396.  Penalty  for  having  or  using  any  scale  or  scales  for  fraudulent 
weighing  or  for  resorting  to  any  means  to  prevent  coal  from  being  cor- 
rectly weighed  and  reported.  Any  person  or  persons  having  or  using 
any  scale  or  scales  for  the  purpose  of  weighing  the  output  of  coal  at 
mines,  so  arranged  or  constructed  that  fraudulent  weighing  may  be  done 
thereby,  or  who  shall  knowingly  resort  to  or  employ  any  means  whatever 
by  reason  of  which  such  coal  is  not  correctly  weighed,  and  reported  in 
accordance  with  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  upon  conviction  for  each  offense  be  punished  by  a 
fine  of  not  less  than  two  hundred  dollars  nor  more  than  five  hundred  dol- 
lars, or 'by  imprisonment  in  the  county  jail  for  a  period  not  to  exceed  sixty 
days,  or  by  both  such  fine  and  imprisonment.  [G.  S.  1915,  §  6351.] 

§397.  Contracts,  agreements,  etc.,  waiving,  modifying  or  annulling 
provisions  of  §  393,  supra,  void  and  of  no  effect ;  coal  sent  to  surface  shall 
be  accepted  or  rejected;  weighed,  etc.,  when  accepted;  right  of  action  not 
to  be  invalidated.  Any  provisions,  contract  or  agreement  between  mine- 
owners  or  operators  thereof  and  the  miners  employed  therein  whereby 
the  provisions  of  section  1  of  this  act  are  waived,  modified,  or  annulled, 
shall  be  void  and  of  no  effect;  and  the  coal  sent  to  the  surface  shall  be 
accepted  or  rejected,  and  if  accepted  shall  be  weighed  in  accordance  with 
the  provisions  of  this  act;  and  right  of  action  shall  not  be  invalidated  by 
reason  of  any  contract  or  agreement.  [G.  S.  1915,  §  6352.] 

§  398.  Provisions  of  act  to  apply  to  loaders  in  mines  where  mining 
done  by  machinery;  contract  to  load  by  bushel,  ton,  etc.;  output  to  be 
weighed  in  accordance  with  provisions  of  this  act.  The  provisions  of  this 
act  shall  also  apply  to  the  class  of  workers  in  mines  known  as  loaders, 
engaged  in  mines  wherein  mining  is  done  by  machinery.  Whenever  the 
workmen  are  under  contract  to  load  coal  by  the  bushel,  ton,  or  any  quan- 

138 


Ch.  27]  MISDEMEANORS,  JURISDICTION.  [§§  399,  4<)i> 

tity  the  settlement  of  which  is  had  by  weight,  the  output  shall  be  weighed 
in  accordance  with  the  provisions  of  this  act.     [G.  S.  1915,  §  6353.] 

LAWS  OF  1903,  CH.  544. 

AX  ACT  making:  the  secretary  of  mine  industries  inspector  of  weights,  measures  and  scales 
at  coal  mines,  and  defining  his  powers  and  duties,  and  repealing  all  acts  or  parte  of 
acts  inconsistent  herewith. 

§  390.  Secretary  of  mine  industries  ex  officio  inspector  of  weights, 
measures  and  scales;  testing  of  scales;  call  attention  of  mine-owner,  etc., 
to  defects,  etc.;  penalty  for  refusing  to  allow  inspector  or  deputies  to  test 
scales  or  for  failure  to  put  such  scales  in  proper  adjustment,  etc.;  duty  of 
prosecuting  attorneys.  That  the  secretary  of  mine  industries  of  the  state 
of  Kansas  shall  be  ex  officio  inspector  of  weights,  measures  and  scales 
used  at  coal  mines,  and  he  or  his  deputies  are  hereby  empowered,  and  it 
shall  be  his  or  their  duty,  to  test  the  scales  used  to  weigh  coal  mined  in 
the  mines  of  this  state  at  least  once  every  six  months,  to  ascertain  whether 
or  not  such  scales  correctly  measure  the  weight  of  such  coal;  and  if  de- 
fects or  irregularities  are  found  in  such  scales  which  prevent  correct 
weights  and  measurements,  the  inspector  shall  call  the  attention  of  the 
mine-owner,  agent  or  operator  to  said  defects,  and  direct  that  the  same  be 
at  once  properly  adjusted  and  corrected.  If  the  owner,  agent  or  operator 
of  any  coal  mine  in  this  state  shall  refuse  to  allow  such  .inspector  or  his 
deputies  to  properly  test  the  scales  used  at  such  mine  or  mines,  or  shall 
fail  or  refuse  to  put  such  scales  in  proper  adjustment  and  condition,  so 
that  the  same  shall  correctly  weigh  the  coal  mined,  after  being  notified 
by  said  inspector  or  his  deputy  so  to  do,  such  owner,  agent  or  operator 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  exceeding  five  hundred  dollars,  or  be  confined  in  the 
county  jail  not  exceeding  six  months,  or  both,  in  the  discretion  of  the 
court;  and  it  shall  be  the  duty  of  the  prosecuting  attorneys  in  the  re- 
spective counties  to  prosecute  any  person,  firm  or  corporation  violating 
the  provisions  of  this  section,  the  same  as  in  other  misdemeanor  cases. 
[G.  S.  1915,  §  6354.] 

The  act  providing  for  secretary  of  mine  industries  (Laws  1898,  ch.  33)  provided 
that  the  duties,  etc.,  of  the  state  mine  inspector  should  devolve  upon  such  secretary. 
The  office  of  such  secretary  was  abolished  by  Laws  1913,  ch.  217,  creating  a  depart- 
ment of  labor  and  industry,  which  provides  that  the  commissioner  of  labor  and  industry 
shall  be  ex  officio  state  mine  inspector.  (See  §  165,  ante.) 


CHAPTER  27.— MISDEMEANORS,  JURISDICTION. 

§  400.    Original  jurisdiction  of  justices  of  the  peace  in   misdemeanors;    concurrent   with 
district  court ;  limit  of  fine  or  imprisonment. 

PART  OF  GENERAL  STATUTES  OF  1868,  AS  AMENDED  BY  LAWS  OF  1869, 

CH.  61. 

AX  ACT  regulating  the  jurisdiction  and  procedure  before  justices  of  the  peace  in  cases  of 

misdemeanor. 

§  400.  Original  jurisdiction  of  justices  of  the  peace  in  misdemeanors; 
concurrent  with  district  court;  limit  of  fine  or  imprisonment.  Justices  of 
the  peace  shall  have  concurrent  original  jurisdiction  with  the  district 
court,  coextensive  with  their  respective  counties,  in  all  cases  of  mis- 
demeanor in  which  the  fine  canno^  exceed  five  hundred  dollars  and  the  im- 
prisonment cannot  exceed  one  year,  except  as  otherwise  provided  by  law 
[G.  S.  1915,  §  8298.] 

139 


§401] 


MOTHER'S  AID. 


[Ch.  28 


Party  brought  before  justice  charged  with  misdemeanor  may  demand  trial.  In  re  Don- 
nelly, Petitioner,  etc.,  30  K.  191. 

District  court  may  try  defendant  for  misdemeanor  without  preliminary  hearing.  The 
State  v.  Watson,  30  K.  281. 

Trial  before  justice  for  misdemeanor;  state  cannot  treat  as  preliminary.  In  re  Donnelly, 
Petitioner,  dc.,  30  K.  424. 

Jurisdiction  where  several  offenses  charg'ed;  each  offense  within  jurisdiction.  In  re  Macke, 
Petitioner,  31  K.  54. 

Refusal  of  district  judge  to  take  cognizance  of  complaint  considered.  The  State  v.  For- 
briger,  34  K.  6. 

Information  filed  for  misdemeanor  in  district  court  in  vacation.  In  re  Eddy,  Petitioner, 
40  K.  592. 


CHAPTER  28.— MOTHER'S  AID. 


1401. 


Persons  to  whom  commissioners  may 
pay  annual  allowance;  persons 
entitled  to  "mother's  aid" ;  duty 
of  county  commissioners  to  pay 
allowance  or  pension ;  amount ; 
mother  to  file  application  for 
mother's  aid;  matters  to  be  set 
forth  in  such  application :  verifi- 
cation ;  supported  by  affidavit  of 
two  disinterested  householders ; 
investigation  by  three  reputable 
women  and  report  to  board;  or- 
der finding  and  determining  facts 
and  fixing  amount  necessary  for 
county  to  contribute;  payment  to 
mother  for  child  or  children ; 
temporary  increase  or  decrease  of 


payments;    supplies   may  be  given 
instead  of  money. 

g-102.  Certified  copy  of  findings  and  order 
of  commissioners  to  be  filed  with 
county  clerk ;  duty  of  clerk  to 
draw  warrant  each  month;  war- 
rants delivered  to  persons  desig- 
nated; duplicate  receipts;  county 
treasurer  to  pay  warrants  out  of 
general  revenue  fund ;  act  not  to 
repeal  other  acts  relating  to  poor ; 
unlawful  for  attorney  to  receive 
fee  for  proceedings. 

403.  Board    of    county    commissioners    to 

have     jurisdiction     of      all      cases 
under  this  act. 

404.  Repeal  of  Laws  of  1915,  ch.  261,  §  1. 


LAWS  OF  1915,  CH,  261,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  138. 

AX  ACT  to  amend  chapter  261  of  the  Session  Laws  of  1915,  the  same  being  an  act  to 
amend  section  6624  of  the  General  Statutes  of  1915  relating  to  the  poor,  for  the  relief 
of  widows  and  dependent  children,  and  repealing  said  original  section. 

§401.  Persons  to  whom  commissioners  may  pay  annual  allowance; 
persons  entitled  to  "mother's  aid";  duty  of  county  commissioners  to  pay 
allowance  or  pension;  amount;  mother  to  file  application  for  mother's 
aid;  matters  to  be  set  forth  in  such  application;  verification;  supported 
by  affidavit  of  two  disinterested  householders;  investigation  by  three  rep- 
utable women  and  report  to  board;  order  finding  and  determining  facts 
and  fixing  amount  necessary  for  county  to  contribute ;  payment  to  mother 
for  child  or  children;  temporary  increase  or  decrease  of  payments;  sup- 
plies may  be  given  instead  of  money.  That  the  board  of  county  commis- 
sioners, may,  in  their  discretion,  allow  and  pay  to  poor  persons  who  may 
become  chargeable  as  paupers,  and  who  are  of  mature  years  and  sound 
mind,  and  who  from  their  general  character  will  probably  be  benefited 
thereby,  and  also  the  parents  of  idiots,  and  of  children  otherwise  helpless 
requiring  the  attention  of  their  parents  and  who  are  unable  to  provide  for 
said  children  themselves,  such  annual,  allowances  as  will  not  exceed  the 
charge  of  their  maintenance  in  the  ordinary  mode,  the  said  board  taking 
the  usual  amount  of  charges  in  like  cases  as  the  rule  for  making  such 
allowance :  Provided,  That  in  any  case  where  the  mother  of  any  child  or 
children  under  the  age  of  sixteen  (16)  years  shall  have  the  sole  care  and 
custody  of  such  child  or  children  by  reason  of  such  mother  being  a  widow, 
divorced,  or  by  reason  of  the  husband  of  such  mother  being  physically  or 
mentally  unable  to  earn  a  living  for  himself  and  family,  or  by  reason  of 
his  being  lawfully  confined  in  any  penal  or  other  state  institution,  or  by 
reason  of  the  husband  of  such  mother  having  at  all  times  for  three  months 


140 


Ch.  28]  MOTHER'S  AID. 


last  past  abandoned  or  deserted  such  mother  without  just  cause  or  collu- 
sion, and  where  such  mother  has  been  an  actual  bona  fide  resident  of  the 
county  for  two  years  next  preceding  her  application,  and  where  such 
mother  is  a  provident  woman  of  good  moral  character  and  a  fit  person  to 
have  the  care  and  custody  of  such  child  or  children,  and  is  financially 
unable  to  support  such  child  or  children,  and  where  such  child  or  children 
have  not  sufficient  property  or  income  to  support  such  child  or  children, 
such  mother  shall  be  entitled  to  a  "mother's  aid"  in  caring  for  and  sup- 
porting such  child  or  children  from  the  county  in  which  she  is  a  resident 
at  the  time  she  makes  application;  and  in  all  such  cases  it  shall  be  the 
duty  of  the  county  commissioners,  to  pay  to  such  mother,  by  way  of  allow: 
ance  or  pension,  such  sum,  monthly,  as  may  be  reasonably  necessary  to 
support  such  mother  and  child  or  children,  not  to  exceed  the  charge  of 
maintenance  in  the  ordinary  mode,  which  may  be  increased  or  diminished 
from  time  to  time  as  may  be  necessary,  just  and  reasonable:  Provided, 
That  the  total  sum  allowed  to  any  one  mother  coming  under  the  provi- 
sions of  this  act  shall  not  exceed  the  sum  of  twenty-five  ($25)  dollars  per 
month:  And  provided  further,  That  before  any  such  allowance  or  pension 
shall  be  granted  as  set  forth  in  the  foregoing  proviso,  it  shall  be  the  duty 
of  such  mother  to  file  in  the  office  of  the  county  clerk  of  the  county  in 
which  she  is  an  actual  and  bona  fide  resident  at  the  time  as  hereinbefore 
provided,  an  application  for  a  mother's  aid  for  caring  for  and  supporting 
such  child  or  children  and  setting  forth  in  such  application  that  she  is  an 
actual  and  bona  fide  resident  of  such  county,  and  that  she  has  been  at  all 
times  for  two  years  last  past,  and  that  she  is  the  mother  of  such  child  or 
children,  and  setting  out  a  list  of  her  property  and  that  of  such  child  or 
children,  together  with  the  amount  of  income  therefrom,  and  stating  that 
she  is  financially  unable  to  support  and  educate  such  child  or  children,  and 
stating  that  she  is  a  widow,  or  that  her  husband  has  abandoned  her,  and 
stating  the  date  of  abandonment,  or  that  the  husband  is  mentally  or  physi- 
cally unable  to  earn  a  living  for  himself  and  family,  or  that  the  husband 
is  confined  in  one  of  the  state  institutions,  naming  it,  which  application 
shall  be  duly  verified  by  the  applicant  and  supported  by  the  affidavit  of 
two  disinterested  householders  of  the  township  in  which  such  mother  is  a 
resident,  setting  forth  the  same  facts  and  that  the  mother  is  a  woman  of 
good  moral  character  and  a  fit  person  to  have  the  care  and  custody  of 
such  child  or  children,  and  thereupon  and  before  granting  any  such  allow- 
ance or  pension  provided  for  in  this  act,  the  board  of  county  commis- 
sioners shall  name  and  designate  three  reputable  women,  in  no  way  re- 
lated to  such  applicant,  residing  in  the  township  or.  city  where  such  appli- 
cant resides,  who  shall,  without  compensation,  investigate  such  applicant 
and  report  in  writing  to  said  board  of  county  commissioners  under  such 
rules  and  regulations  as  the  court  may  prescribe  or  require.  And  after  a 
full  investigation,  if  said  board  of  county  commissioners  shall  find  that 
unless  relief  is  granted  the  mother  will  be  unable  to  properly  support  and 
educate  her  child  or  children,  or  that  they  may  become  a  public  charge, 
and  that  the  statements  alleged  in  the  application  are  true,  it  shall  make 
an  order  finding  and  determining  such  facts  and  thereby  and  therein 
fixing  and  determining  the  amount  of  money  which  it  deems  necessary  for 
the  county  to  contribute  toward  the  support  of  such  mother,  child  orf  chil- 
dren, and  that  such  sums  of  money  or  so  much  thereof  as  the  board  of 
county  commissioners  shall  deem  necessary  and  proper  shall  be  paid  to 
such  mother  for  said  child  or  children  as  directed  and  prescribed  by  the 

141 


§§  402-404]  MOTHER'S  AID.  [Ch.  28 

board  of  county  commissioners:  Provided,  That  any -such  payments  of 
money  may  be  increased  temporarily  by  the  board  of  county  commission- 
ers in  case  of  sickness  or  unusual  condition,  and  decreased  in  like  manner 
when  deemed  unnecessary:  And  provided  further,  That  the  court  may,  in 
its  discretion,  order  the  amount  of  aid  to  be  given  in  supplies  instead  of 
money.  [G.  S.  1915,  §6624  [6824],  as  amended  by  Laws  1917,  ch.  138, 
§1;  May  26.] 

See  note  to  §  404,  post,  concerning  section  repealed  by  this  act. 

§  402.  Certified  copy  of  findings  and  order  of  commissioners  to  be 
filed  with  county  clerk;  duty  of  clerk  to  draw  warrant  each  month;  war- 
rants delivered  to  persons  designated ;  duplicate  receipts ;  county  treasurer 
to  pay  warrants  out  of  general  revenue  fund ;  act  not  to  repeal  other  acts 
relating  to  poor;  unlawful  for  attorney  to  receive  fee  for  proceedings.  A 
certified  copy  of  such  findings  and  order  of  the  board  of  county  commis- 
sioners shall  be  filed  with  the  county  clerk  of  the  county  where  such  pro- 
ceedings are  had,  and  thereupon  and  thereafter,  and  so  long  as  such  order 
remains  in  force,  it  shall  be  the  duty  of  the  county  clerk  each  month  to 
draw  his  warrant  on  the  general  fund  of  the  county  in  favor  of  the  per- 
son and  for  the  amount  specified  in  such  findings  and  order.  Such  war- 
rants shall  be  delivered  to  the  person  designated  in  said  findings  and  order 
upon  the  executing  of  a  duplicate  receipt  therefor,  one  to  be  filed  with  the 
juvenile  court,  and  one  to  be  filed  with  the  county  clerk.  It  shall  be  the 
duty  of  the  county  treasurer  to  pay  such  warrant  out  of  the  funds  in  the 
general  revenue  fund  of  the  county  when  properly  presented.  But  nothing 
in  this  act  shall  be  construed  as  repealing  any  laws  now  in  force  giving 
the  county  commissioners  power  to  grant  aid  to  the  poor  in  their  respec- 
tive counties:  Provided,  That  it  shall  be  unlawful  for  any  attorney  to  re- 
ceive any  fee  for  bringing  the  proceedings  in  the  juvenile  court  provided 
herein.  [Laws  1917,  ch.  138,  §  2;  May  26.] 

§  403.  Board  of  county  commissioners  to  have  jurisdiction  of  all  cases 
under  this  act.  The  board  of  county  commissioners  in  each  of  the  several 
counties  of  the  state  shall  have  jurisdiction  of  all  cases  coming  under  the 
provisions  of  this  act.  [Laws  1917,  ch.  138,  §  3;  May  26.] 

§  404.  Repeal  of  Laws  of  1915,  ch.  261,  §  1.  That  section  1  of  chapter 
261  of  the  Session  Laws  of  1915  PS  amending  section  6624  of  the  General 
Statutes  of  1915  be  and  the  same  hereby  is  repealed.  [Laws  1917,  ch.  138, 
§4;  May  26.] 

The  foregoing  section  repeals  "section  1  of  chapter  261  of  the  Session  Laws  of 
1915."  Said  section  is  printed  as  section  6824  of  the  General  Statutes  of  1915 
"Section  6624  of  the  General  Statutes  of  1915"  relates  to  negotiable  instruments. 
Section  6824  of  the  General  Statutes  of  1915  is  the  1915  act  relating  to  "mother's 
aid,"  which  was  entitled  "An  act  to  amend  section  5545  of  the  General  Statutes  of 
1909,  relating  to  the  poor,  for  the  relief  of  widows  and  dependent  children,  and  re- 
pealing said  original  section."  See,  also,  the  title  to  the  act  of  1917  preceding 
§  401,  supra. 


142 


Ch.  29] 


NIGHT  SCHOOLS. 


[§§  405-407 


CHAPTER  29.— NIGHT  SCHOOLS. 


Free  public  night  schools  may  be 
m  a  hit  a  in  ed  by  school  board  or 
board  of  education;  persons  eli- 
gible to  attend;  board  to  estab- 
lish and  maintain  night  school 
when  petitioned  by  parents,  etc. ; 
when  school  may  be  discontinued. 
PM;.  Payment  of  cost  of  establishing  and 
maintaining  such  night  school; 
government  of  such  school;  act 
not  to  affect  law  relating  to  day 
schools ;  attendance  upon  such 
night  school  not  compulsory. 


§407.  Sessions  of  such  public  night  schools, 
when  and  where  held;  commence- 
ment and  continuance  of  term  or 
terms  of  such  night  school. 

408.  Board    to    furnish    same    equipment 

used  in  day  school;  courses  of 
study ;  rules  and  regulations. 

409.  Board    to    hire    one    or    more    teach- 

ers for  such  night  school;  quali- 
fications; teacher's  certificate: 
monthly  salary  calculated  upon 
number  of  hours  actually  spent  in 
teaching. 

410.  Repeal   of   acts    in    conflict    herewith. 


LAWS  OP  1913,  CH.  267. 

AN*  ACT  providing  for  the  establishment,  maintenance  and  regulation  of  public  night 
schools  as  a  part  of  the  public-school  system  of  the  state  of  Kansas,  and  repealing  all 
acts  and  parts  of  acts  in  conflict  herewith. 

§  405.  Free  public  night  schools  may  be  maintained  by  school  board  or 
board  of  education;  persons  eligible  to  attend;  board  to  establish  and 
maintain  night  school  when  petitioned  by  parents,  etc.;  when  school  may 
be  discontinued.  The  school  board  of  any  district  or  the  board  of  educa- 
tion of  any  city  in  this  state  shall  have  the  power  to  establish  and  main- 
tain free  public  night  schools  in  connection  with  the  public  school  of  such 
district  or  city,  for  the  instruction  of  persons  of  the  age  of  fourteen  years 
and  over  residing  in  said  district  or  city,  not  required  by  law  to  attend 
the  public  day  school  therein:  Provided,  That  it  shall  be  the  duty  of  such 
board  to  establish  and  maintain  such  public  night  school  whenever  peti- 
tioned in  writing  therefor  by  the  parents  or  guardians  of  ten  persons 
eligible  to  attend  said  night  school:  Provided  further,  That  said  board 
may  discontinue  such  night  school  whenever  the  average  nightly  attend- 
ance thereof  shall  be  not  more  than  seven.  [G.  S.  1915,  §  9394.] 

§  406.  Payment  of  cost  of  establishing  and  maintaining  such  night 
school;  government  of  such  school;  act  not  to  affect  law  relating  to  day 
schools;  attendance  upon  such  night  school  not  compulsory.  The  cost  of 
establishing  and  maintaining  said  public  night  school  shall  be  paid  from 
the  public  school  fund  of  said  district  or  city  and  the  said  night  school 
shall  be  a  part  of  the  public  school  system,  and  governed,  as  far  as  practi- 
cable, in  the  same  manner  and  by  the  same  officers  as  provided  by  law  for 
the  government  of  the  other  public  schools  of  this  state:  Provided,  That 
nothing  in  this  act  shall  be  construed  to  change  the  law,  not  in  conflict 
herewith,  relating  to  the  public  day  schools  of  this  state:  And  provided 
further,  That  nothing  in  this  act  shall  be  held  to  compel  attendance  upon 
such  public  night  school.  [G.  S.  1915,  §  9395.] 

§407.  Sessions  of  such  public  night  school,  when  and  where  held; 
commencement  and  continuance  of  term  or  terms  of  such  night  school. 
The  sessions  of  said  public  night  school  shall  be  held  at  night  on  not  less 
than  three  nights  each  week  during  the  continuance  of  such  school  in 
one  or  more  of  the  regular  class  rooms  in  one  or  more  of  the  public 
school  buildings  of  said  district  or  city,  and  the  term  or  terms  of  said 
public  night  school  shall  continue  only  during  the  term  or  terms  of  the 
regular  public  school  in  such  district  or  city:  Provided,  That  said  night 
school  term  shall  begin  not  later  than  the  fifteenth  day  of  October  of 


143 


§§  408-412] 


OFFICERS,  IMPORTING  OR  PERSONATING. 


[Ch.  30 


any  year  and  shall  continue  for  not  less  than  five  months  thereafter, 
except  as  provided  in  section  one  of  this  act.  [G.  S.  1915,  §  9396.] 

§  408.  Board  to  furnish  same  equipment  used  in  day  school ;  courses 
of  study;  rules  and  regulations.  The  board,  as  far  as  practicable,  shall 
furnish  the  same  equipment  used  in  the  public  day  school  of  said  district 
or  city,  and  shall  provide  for  the  courses  of  study,  rules  and  regulations, 
not  in  conflict  herewith,  that  it  may  deem  best  for  such  night  school. 
[G.  S.  1915,  §  9397.] 

§  409.  Board  to  hire  one  or  more  teachers  for  such  night  school;  quali- 
fications; teacher's  certificate;  monthly  salary  calculated  upon  number  of 
hours  actually  spent  in  teaching.  The  board  shall  hire  one  or  more  teach- 
ers, who  may  or  may  not  be  employed  as  a  public-school  teacher,  having 
the  like  qualifications,  evidenced  by  the  proper  teacher's  certificate, 
required  by  law  for  teachers  in  the  public  day  schools  of  such  district  or 
city,  and  shall  pay  said  night  school  teacher  a  monthly  salary,  calculated 
upon  the  number  of  hours  actually  spent  in  teaching  in  said  night  school, 
and  in  the  manner  provided  by  law  for  the  paying  of  teachers  in  the 
public  schools  of  said  district  or  city.  [G.  S.  1915,  §  9398.] 

§  410.  Repeal  of  acts  in  conflict  herewith.  All  acts  and  parts  of  acts 
in  conflict  herewith  be  and  the  same  are  hereby  repealed.  [G.  S.  1915, 
§  9399.] 


CHAPTER  30.— OFFICERS,  IMPORTING  OR 
PERSONATING. 


£411-  Nonresidents  not  to  be  appointed 
special  deputies,  marshals  or  po- 
licemen in  this  state. 

412.  Unlawful    to    import    into    this    state 

any  person,  etc.,  for  purpose  of 
discharging  duties  devolving  upon 
sheriffs,  deputy  sheriffs,  police- 
men, constable,  etc. 

413.  Penalty  for   exercising  functions   of, 

or  person  holding  himself  out  as,  a 
deputy  sheriff,  marshal,  policeman, 
constable,  etc. 


5414.  Penalty  for  violation  of  §  412,  supra, 
by  person,  company  or  corpora- 
tion ;  person,  officer  or  agent  em- 
ploying such  private  detectives 
iruilty  of  felony;  punishment ;  each 
day  private  armed  detective  forces 
employed  considered  distinct  of- 
fense ;  governor  may  appoint  non- 
resident to  serve  warrant  issued 
on  requisition  from  another  state. 


LAWS  OF  1897,  CH.  124. 

§  411.  Nonresidents  not  to  be  appointed  special  deputies,  marshals  or 
policemen  in  this  state.  That  no  sheriff  of  a  county,  mayor  of  a  city,  or 
other  private  persons  authorized  by  law  to  appoint  special  deputies, 
marshals  or  policemen  in  this  state,  to  preserve  the  public  peace  and 
prevent  and  quell  public  disturbances,  shall  hereafter  appoint  as  such 
special  deputies,  marshals  or  policemen  any  person  who  is  not  resident 
of  this  state.  [G.  S.  1915,  §  3748.] 

§  412.  Unlawful  to  import  into  this  state  any  person,  etc.,  for  purpose 
of  discharging  duties  devolving  upon  sheriffs,  deputy  sheriffs,  policemen, 
constables,  etc.  That  it  shall  be  unlawful  for  any  person,  company  or 
association  or  corporation  to  bring  or  import  into  this  state  any  person 
or  persons  or  association  of  persons  for  the  purpose  of  discharging  the 
duties  devolving  upon  sheriffs,  deputy  sheriffs,  policemen,  constables  or 
peace  officers  in  the  protection  or  preservation  of  public  or  private 
property,  or  in  the  punishment  of  any  person  violating  the  criminal  laws 
of  this  state.  [G.  S.  1915,  §  3749.] 


144 


Ch.  31] 


OLD  SOLDIERS'  PREFERENCE  LAW. 


[§§413-415 


§  418.  Penalty  for  exercising  functions  of,  or  person  holding  himself 
out  as,  a  deputy  sheriff,  marshal,  policeman,  constable,  etc.  That  any 
person  or  persons  who  shall  in  this  state,  without  the  authority,  exercise 
or  attempt  to  exercise  the  functions  of  or  hold  himself  or  themselves  out 
to  any  as  a  deputy  sheriff,  marshal,  policeman,  constable  or  peace  officer, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  imprisonment  for  a  period  of  not  less  than  three 
months  nor  more  than  one  year.  [G.  S.  1915,  §  3750.] 

§  414.  Penalty  for  violation  of  §  412,  supra,  by  person,  company  or 
corporation;  person,  officer  or  agent  employing  such  private  detectives 
guilty  of  felony;  punishment;  each  day  private  armed  detective  forces 
employed  considered  distinct  offense;  governor  may  appoint  nonresident 
'to  serve  warrant  issued  on  requisition  from  another  state.  That  any 
person,  company  or  corporation  guilty  of  violating  any  of  the  provisions 
of  said  section  two  of  this  act  shall  be  liable  to  a  penalty  of  ten  thousand 
dollars,  to  be  recovered  in  the  name  of  the  state,  for  the  use  of  the  school 
fund  of  the  county  where  such  private  armed  detective  forces  were  used 
by  such  corporation  or  persons;  and  the  person,  officer  or  agent  employ- 
ing such  private  detectives  shall  be  guilty  of  felony,  and  on  conviction 
thereof  shall  be  punished  by  imprisonment  at  hard  labor  not  exceeding 
five  years  and  not  less  than  one  year,  and  every  day  that  private  armed 
detective  forces  are  employed  or  used  shall  be  considered  a  separate  and 
distinct  offense:  Provided,  however,  That  nothing  contained  in  this  act 
shall  prevent  the  governor  of  this  state  from  appointing  a  citizen  of 
another  state  to  serve  a  warrant  issued  on  a  requisition  from  the  governor 
of  another  state.  [G.  S.  1915,  §  3751.] 

"Section    two    of    this    act,''    mentioned   herein,    is   §  412, 


CHAPTER  31.— OLD  SOLDIERS'  PREFERENCE  LAW. 


§41.").  Employment  of  persons  who  served 
in  army  and  navy  of  United 
States  in  war  of  rebellion;  prefer- 
ence to  appointment  or  employ- 
ment in  public  departments  and 
on  all  public  works  of  state, 
county,  city  or  town :  age  and 
qualifications  of  such  persons. 
416.  Penalty  for  disobedience  or  neglect 
to  obey  provisions  of  preceding 


section  by  any  officer  or  board; 
impeachment ;  prosecution  for  mis- 
demeanor ;  forfeiture  of  office. 

J417.  Soldiers  and  sailors  or  widows  and 
orphans  of  deceased  soldiers  and 
sailors  to  be  retained  in  making 
reduction  of  force  in  any  de- 
partments, cities,  etc. 

418.  Penalty  for  violation  of  preceding 
section. 


LAWS  OF  1886,    CH.  160,  AS  AMENDED  BY  LAWS  OF  1901,    CH.  186,  AND 
LAWS  OF  1907,  CH.  374. 

§  415.  Employment  of  persons  who  served  in  army  and  navy  of  United 
States  in  war  of  rebellion;  preference  to  appointment  or  employment  in 
public  departments  and  on  all  public  works  of  state,  county,  city  or  town; 
age  and  qualifications  of  such  persons.  In  grateful  recognition  of  the 
services,  sacrifices  and  suffering  of  persons  who  served  in  the  army  and 
navy  of  the  United  States  in  the  war  of  the  rebellion,  and  have  been  hon- 
orably discharged  therefrom,  they  shall  be  preferred  for  appointments 
and  employed  to  fill  positions  in  every  public  department  and  upon  all 
public  works  of  the  state  of  Kansas,  and  of  the  counties,  cities  and  towns 
of  this  state,  if  competent  to  perform  such  services ;  and  the  person  thus 
preferred  shall  not  be  disqualified  from  holding  any  position  in  said  serv- 
ice on  account  of  his  age  or  by  reason  of  any  physical  disability,  pro- 


145 


10— Labor— 1725. 


§§416-418]  OLD  SOLDIERS'  PREFERENCE  LAW.  [Ch.  31 

vided  such  age  or  disability  does  not  render  him  incompetent  to  perform 
the  duties  of  the  position  applied  for;  and  when  any  such  ex-soldier  or 
sailor  shall  apply  for  appointment  to  any  such  position,  place,  or  employ- 
ment, the  officer,  board  or  person  whose  duty  it  is  or  may  be  to  appoint  a 
person  to  fill  such  place  shall,  if  the  applicant  be  a  man  of  good  reputa- 
tion, and  can  perform  the  duties  of  the  position  applied  for  by  him,  ap- 
point said  ex-soldier  or  sailor  to  such  position,  place,  or  employment. 
[G.  S.  1915,  §  9491.] 

Soldier  or  sailor  must  possess  equal  qualifications  with  other  applicants       Dever  v.   Hum- 
phrey, 68  K.  7o<>. 

Character   and  extent  of  investigation   by   appointing  power   considered.      Devef  v.    Hum- 
phrey, 68  K.  759. 

Act  of  1901  held  constitutional  and  valid.     Goodrich  v.  Mitchell,     68  K.  765. 

Act  of  1907  not  unconstitutional  when  applicant  entitled  to  office.     The  State  v.  Addison. 
76  K.  699. 

Appointing  power  to  determine  qualifications:    when   such   determination   final.      The    State 
v.  Addison,  76  K.  699. 

Applicant  must  possess  qualifications  essential  to  performance  of  duties.    The  State  v.  Addi- 
son, 76  K.  699. 

Act  mandatory  upon  officers  of  state,    counties,   cities  and  towns.      The   State   v.    Addison, 
78  K.  172. 

"Competency"  of  applicants;   good  faith  required  in  determining  qualifications.     The  State 
v.  Addison,  78  K.  172. 

Appointment  of  county  assessor;    appointment  rendered  valid  by  curative   act.      James   v. 
Hayes,  79  K.  608. 

Evidence  held  not  to  show  bad  faith  of  appointing  officer.     Dever  v.  Platt.  81  K.  200. 

Mandamus  to  compel  councilmen  to  confirm  appointment  made  bv  mayor.      Jury  v.  Adams, 
81  K.  207. 

Action  to  oust  countv   assessor;   bad  faith  not   shown.      The   i-'tnto   v.   McNeill.    83   K.   234. 

No   paramount  right  to   office   as   between   ex-soldiers    and   sailors.      Campbell    v.    Sargent, 
85  K.  590;  Urmy  v.  Arnold,  86  K.  346.  - 

Cities  under  commission  form  of  government;   appointments  from  certified  list,     woodrieh 
v.  O'Neill,  85  K.  595. 

Ex-soldiers  must  take  examination  under  civil  service  requirements.      Goodrich  v.   O'Neill, 
85  K.  595. 

Section  not  affected  by  act  providing  for  civil  service  commission,  see  §  113,  ante. 

§  416.  Penalty  for  disobedience  or  neglect  to  obey  provisions  of  pre- 
ceding section  by  any  officer  or  board;  impeachment;  prosecution  for  mis- 
demeanor; forfeiture  of  office.  Any  state  officer  or  any  board  composed 
of  state  officers,  county  or  city  officers,  or  any  board  who  have  been  ap- 
pointed and  have  charge  of  the  penal  and  charitable  institutions  of  the 
state,  who  shall  willfully  disobey  or  neglect  to  obey  the  provisions  of  this 
act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  subject  to  impeachment 
as  provided  by  law,  and  prosecuted  as  other  cases  of  misdemeanor ;  and  in 
either  of  said  cases,  upon  conviction,  shall  be  adjudged  to  have  forfeited 
his  or  her  office.  [G.  S.  1915,  §  9492.] 

§  417.  Soldiers  and  sailors  or  widows  and  orphans  of  deceased  soldiers 
and  sailors  to  be  retained  in  making  reduction  of  force  in  any  departments, 
cities,  etc.  In  making  any  reduction  of  force  in  any  of  the  depart- 
ments, cities  or  towns  of  this  state,  the  officers  of  such  department,  city 
or  town  shall  retain  those  persons  who  may  be  equally  qualified  who  have 
been  honorably  discharged  from  the  military  or  naval  service  of  the 
United  States,  and  the  widows  and  orphans  of  deceased  soldiers  and  sail- 
ors. [G.  S.  1915,  §  9493.] 

§  418.  Penalty  for  violation  of  preceding  sections.  Any  person  know- 
ingly and  willfully  violating  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  fined  not  less  than  five  dol- 
lars nor  more  than  twenty-five  dollars  for  each  offense.  [G.  S.  1915, 
§  9494.] 


146 


Ch.  33] 


PLUMBERS,  EXAMINATION  AND  CERTIFICATION.      [§§  419,  420 


CHAPTER  32.— PAROLED  AND  DISCHARGED 
PRISONERS. 

§419.  Exposing  or  threatening  to  expose,  etc.,  paroled  or  discharged  person  for  the  pur- 
pose of  depriving  such  person  of  employment,  or  preventing  him  from  procuring 
the  same,  or  for  the  purpose  of  extorting  any  money  or  article  of  value;  misde- 
meanor; punishment. 

LAWS  OF  1915,  CH.  249. 

AX    ACT  relating  to  paroled   and   discharged  prisoners   and   making  it   a  misdemeanor  to 
expose  the  same  and  providing  a   penalty  therefor. 

§  419.  Exposing  or  threatening  to  expose,  etc.,  paroled  or  discharged 
person  for  the  purpose  of  depriving  such  person  of  employment,  or  pre- 
venting him  from  procuring  the  same,  or  for  the  purpose  of  extorting 
any  money  or  article  of  value;  misdemeanor;  punishment.  Any  person 
who  maliciously  and  willfully  communicates  to  another,  either  orally  or 
in  writing,  any  statement  concerning  any  person  then  or  theretofore  con- 
victed of  a  felony,  and  then  either  on  parole  or  finally  discharged,  and 
which  communication  is  made  maliciously  with  the  purpose  and  intent 
to  deprive  said  person  so  convicted  of  employment,  or  to  prevent  him 
from  procuring  the  same,  or  with  the  purpose  and  intent  to  extort  from 
him  any  money  or  article  of  value ;  and  any  person  who  threatens  to  make 
any  said  communication  with  the  purpose  and  intent  to  extort  money  or 
any  article  of  value  from  said  person  so  convicted  of  a  felony,  shall  be 
guilty  of  a  misdemeanor,  and  upon  the  conviction  thereof  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment.  [G.  S.  1915,  §  3820.] 


CHAPTER  33.— PLUMBERS,  EXAMINATION  AND 
CERTIFICATION. 


§420.  Person  engaged  in  or  working  at 
business  of  plumbing  in  cities  of 
7,000  or  more,  either  as  master 
plumber,  employing  plumber  or 
journeyman  plumber,  must  have 
certificate. 

421.  Person  desiring  to  engage  or  work 
at  business  of  plumbing  in  such 
cities  to  make  application  to  board 
of  examiners ;  compelled  to  pass 
examination  as  to  qualifications; 
nature  of  examination. 

•iJL'.  Board  of  plumbers  in  every  city  of 
7  000  or  more;  chairman  of  board 
01  health  ex  officio  chairman;  ap- 
pointment of  other  members  of 
board ;  term  of  office ;  compensa- 
tion. 

423.  Board  of  examiners  to  designate 
times  and  places  for  examination 


of  applicants ;  what  examination 
shall  cover ;  issuance  of  certifi- 
cate ;  fee  for  certificate  of  master 
plumber  or  employing  plumber; 
fee  for  journeyman  plumber ;  cer- 
tificate valid  throughout  the  state; 
disposition  of  fees  collected. 
?424.  Cities  of  over  7,000  to  pass  ordi- 
nances prescribing  rules  and  regu- 
lations for  materials,  construction 
and  inspection  of  all  plumbing 
and  sewerage;  permit  to  be  re- 
quired before  doing  any  plumbing 
work. 

425.  Application     to    be     made    to     board 

where     applicant     resides,     or     to 
nearest    board. 

426.  Person    violating    act    deemed    guilty 

of  misdemeanor ;  penalty. 


LAWS  OF  1903,  CH.  377. 

AX  ACT  to  create  a  board  of  examiners  and  regulate  the  business  of  plumbing  in  certain 

cities.  f 

§  420.  Person  engaged  in  or  working  at  business  of  plumbing  in  cities 
of  7,000  or  more,  either  as  master  plumber,  employing  plumber  or  journey- 
man plumber,  must  have  certificate.  That  any  person  now  or  hereafter 

147 


§§  421-424]      PLUMBERS,  EXAMINATION  AND  CERTIFICATION.  [Ch.  33 

engaging  or  working  at  the  business  of  plumbing  in  cities  of  seven 
thousand  population  or  more  in  this  state,  either  as  master  plumber  or 
employing  plumber  or  as  a  journeyman  plumber,  shall  first  receive  a 
certificate  thereof  in  accordance  with  the  provisions  of  this  act.  [G.  S. 
1915,  §  985.] 

§  421.  Person  desiring  to  engage  in  or  work  at  business  of  plumbing 
in  such  cities  to  make  application  to  board  of  examiners;  compelled  to 
pass  examination  as  to  qualifications;  nature  of  examination.  Any  person 
desiring  to  engage  in  or  work  at  the  business  of  plumbing,  either  as  a 
master  plumber  or  employing  plumber  or  as  a  journeyman  plumber,  in 
cities  having  a  population  of  seven  thousand  or  more  and  a  system  of 
water  supply  or  sewerage,  shall  make  application  to  a  board  of  examiners 
hereinafter  provided  for,  and  shall  at  such  times  and  place  as  said  board 
may  designate  be  compelled  to  pass  such  examination  as  to  his  qualifi- 
cations as  said  board  may  direct.  Said  examination  may  be  made  in  whole 
or  in  part  in  writing  and  shall  be  of  a  practical  and  elementary  character, 
but  sufficiently  strict  to  test  the  qualifications  of  the  applicant.  [G.  S. 
1915,  §  986.] 

§  422.  Board  of  plumbers  in  every  city  of  7,000  or  more;  chairman  of 
board  of  health  ex  officio  chairman;  appointment  of  other  members  of 
board;  term  of  office;  compensation.  That  there  shall  be  in  every  city  of 
seven  thousand  inhabitants  or  more  a  board  of  examiners  of  plumbers 
consisting  of  three  members,  one  of  which  shall  be  chairman  of  the  board 
of  health,  who  shall  be  ex  officio  chairman  of  said  board  of  examiners; 
a  second  member,  who  shall  be  a  master  plumber;  and  a  third  member, 
who  shall  be  a  journeyman  plumber.  Sc  id  second  and  third  members  shall 
be  appointed  by  the  mayor  and  approved  by  the  council  of  said  city  within 
three  months  after  the  passage  of  this  act,  for  the  term  of  one  year  from 
the  1st  day  of  May  in  the  year  of  appointment,  thereafter  annually  before 
the  1st  day  of  May,  and  shall  be  paid  from  the  treasury  of  said  city  the 
same  as  other  officers,  in  such  sum  as  the  authorities  may  designate. 
[G.  S.  1915,  §  987.] 

§  423.  Board  of  examiners  to  designate  times  and  places  for  examina- 
tion of  applicants;  what  examination  shall  cover;  issuance  of  certificate; 
fee  for  certificate  of  master  plumber  or  employing  plumber;  fee  for  jour- 
neyman plumber;  certificate  valid  throughout  the  state;  disposition  of 
fees  collected.  Said  board  of  examiners  shall,  as  soon  as  may  be  after 
their  appointment,  meet,  and  shall  then  designate  the  times  and  places 
for  examination  of  all  applicants  desiring  to  engage  in  or  work  at  the 
business  of  plumbing  within  their  respective  jurisdiction.  Said  board 
shall  examine  said  applicants  as  to  the  practical  knowledge  of  plumbing, 
house  drainage,  and  plumbing  ventilation,  and,  if  satisfied  of  the  com- 
petency of  such  applicants,  shall  thereupon  issue  a  certificate  to  such  ap- 
plicant, authorizing  him  to  engage  in  or  work  at  the  business  of  plumbing, 
either  as  master  plumber  or  employing  plumber  or  as  a  journeyman 
pl'imber.  The  fee  for  a  certificate  for  a  master  plumber  or  employing 
plumber  shall  be  five  dollars ;  for  a  journeyman  plumber  it  shall  be  two 
dollars.  Said  certificate  shall  be  valid  and  have  force  throughout  the 
state;  and  all  fees  received  for  said  certificates  shall  be  paid  into  the 
treasury  of  the  city  where  such  certificates  are  issued.  [G.  S.  1915, 
§  988.] 

§  424.  Cities  of  over  7,000  to  pass  ordinances  prescribing  rules  and 
regulations  for  materials,  construction  and  inspection  of  all  plumbing  and 

148 


?h.  34]  POLL  TAX.  [§§  425-427 

sewerage;  permit  to  be  required  before  doing  any  plumbing  work.  Each 
city  with  a  population  of  seven  thousand  or  more  in  the  state  having  a 
system  of  water  supply  or  sewerage  shall  by  ordinance,  within  three 
months  of  the  passage  of  this  act,  prescribe  rules  and  regulations  for  the 
materials,  construction  and  inspection  of  all  plumbing  and  sewerage 
placed  in  or  in  connection  with  any  building  in  each  city,  and  the  board 
of  health  or  proper  authorities  shall  further  provide  that  no  plumbing 
work  shall  be  done,  except  in  case  of  repairing  leaks,  without  a  permit 
first  being  issued  therefor  upon  such  terms  and  conditions  as  such  city 
shall  prescribe.  [G.  S.  1915,  §  989.] 

§  425.  Application  to  be  made  to  board  where  applicant  resides,  or  to 
nearest  board.  All  persons  who  are  required  by  this  act  to  take  examina- 
tions and  procure  a  certificate  as  required  by  this  act  shall  apply  to  the 
board  in  the  city  where  they  reside,  or  to  the  board  nearest  their  place  of 
residence.  [G.  S.  1915,  §  990.] 


Any  person  violating  any  provision  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  be  subject  to  a  fine  of  not  less  than  five  dollars  nor 
exceeding  fifty  dollars  for  each  and  every  violation  thereof.  [G.  S.  1915, 
§991.] 


CHAPTER  34.— POLL  TAX. 

§427.  Male  persons  between  twenty-one  and  fifty  years  of  age  liable  to  payment  of  poll 
tax ;  use  of  money  received ;  volunteer  fire  department ;  penalty  for  failure  to  pay 
tax ;  duty  of  officers  to  give  notice ;  privilege  of  paying  tax  in  labor ;  daily  wage ; 
payment  not  to  be  deferred  beyond  first  Monday  in  September ;  report  of  officers 
to  county  clerk;  delinquents  certified  to  county  treasurer:  notice;  tax  warrants; 
payment  in  money;  act  not  applicable  to  cities  of  over  80,000. 

LAWS  OF  1911,  CH.  248,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  267. 

AX  ACT  concerning  roads  and  highways,  providing  for  a  poll  tax  and  certain  exemptions 
therefor  and  providing  penalties  for  the  violation  thereof  and  amending  section  8790 
of  the  General  Statutes  of  1915,  and  repealing  the  original  section  so  amended. 

§  427.  Male  persons  between  twenty-one  and  fifty  years  of  age  liable 
to  payment  of  poll  tax;  amount  of  tax;  use  of  money  received;  volunteer 
fire  department;  penalty  for  failure  to  pay  tax;  duty  of  officers  to  give 
notice;  privilege  of  paying  tax  in  labor;  daily  wage;  payment  not  to  be 
deferred  beyond  first  Monday  in  September;  report  of  officers  to  county 
clerk;  delinquents  certified  to  county  treasurer;  notice;  tax  warrants; 
payment  in  money;  act  not  applicable  to  cities  of  over  80,000.  That  all 
male  persons  between  twenty-one  and  fifty  years  of  age  who  have  resided 
thirty  days  in  this  state  and  who  are  not  a  public  charge  shall  be  liable 
each  year  to  pay  the  sum  of  three  dollars  to  the  township  trustee  or  to 
the  proper  officer  of  the  city  in  which  such  person  lives,  who  shall 
receipt  for  the  same  and  account  therefor  to  the  treasurer  of  the  town- 
ship or  city  and  the  same  shall  be  expended  on  the  public  roads  within 
the  township  or  city  in  which  such  persons  live.  And  all  moneys  so 
received  by  such  treasurer  shall  be  turned  into  the  road  fund  for  such 
township  or  city  to  be  expended  as  above  provided.  Any  city  having  a  vol- 
unteer fire  department  may  have  the  privilege  of  exempting  the  members 
of  such  department  from  paying  the  tax  imposed  by  this  section:  Pro- 
vided, That  if  any  such  person  shall  fail  to  pay  such  tax  within  thirty 
days  after  the  receipt  of  a  notice  from  the  township  trustee,  or  the 

149 


§427]  ^OL/    T  'X.  [Ch.  34 

proper  officer  of  the  city,  that  said  tax  is  due,  the  person  so  failing  shall 
upon  conviction  thereof  be  adjudged  guilty  of  a  misdemeanor  and  fined 
in  the  sum  of  five  dollars.  And  it  is  hereby  made  the  duty  of  the  town- 
ship trustee  or  proper  officer  of  the  city  to  give  such  notice  to  every  such 
•person  on  or  before  the  first  day  of  August  of  each  year,  and  every 
such  officer  who  shall  fail  or  refuse  to  give  such  notice  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished  by  a 
fine  not  exceeding  $100  and  may  be  removed  from  office  in  the  manner 
provided  by  law:  Provided,  That  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  township  trustee  of  any  township  from  giving 
the  person  notified  to  pay  such  tax  the  privilege  of  paying  the  same  in 
labor  upon  the  highway  at  a  time  and  place  to  be  designated  by  said 
township  trustee,  provided  such  person  is  willing  to  so  labor  at  a  daily 
wage  for  himself  of  one  dollar  and  half,  or  for  himself  and  team  of 
three  dollars:  And  provided  further,  That  all  persons  subject  to  the  tax 
shall  pay  the  same  in  money  or  discharge  the  same  by  labor  as  herein 
provided,  whenever  required  so  to  do  by  the  said  township  trustee,  but 
in  no  event  shall  any  such  payment,  either  in  money  or  labor,  be 
deferred  beyond  the  last  Monday  in  September,  on  which  date,  every 
township  trustee  and  proper  officer  in  every  city  shall  file  with  the 
county  clerk  of  his  county  a  report  stating  in  detail  the  names  of  the 
persons  notified  under  the  provisions  of  this  section  and  the  method  of 
payment  required  of  each  and  the  fact  of  payment,  whether  in  money 
or  labor,  and  such  report  shall  also  show  the  names  of  all  persons 
notified  of  the  demand  made  upon  them  under  the  provisions  of  this 
section  who  have  failed  to  respond ;  and  upon  receipt  of  these  reports  the 
county  clerk  shall  certify  to  the  county  treasurer  the  names  of  all  persons 
who  have  defaulted  in  payment  of  the  sum  of  three  dollars  as  provided 
herein  and  the  treasurer  shall  proceed  to  collect  the  same  in  the  same 
manner  as  personal  property  taxes  are  collected  upon  default,  after 
first  having  given  the  delinquent  ten  days'  notice  that  unless  payment 
is  made  a  tax  warrant  will  issue  for  the  collection  of  the  tax.  The  list 
of  delinquents  certified  to  the  county  treasurer  shall  be  by  townships 
and  cities,  and  shall  give  the  post-office  address  of  each  person  in  default, 
and  shall  be  a  list  distinct  and  separate  from  the  regular  tax  rolls.  After 
taxes  become  delinquent  herein  the  person  from  whom  due  shall  no  longer 
have  the  privilege  of  paying  the  same  in  labor,  but  must  pay  the  same 
to  the  county  treasurer  in  money.  The  county  treasurer  shall  pay  over 
to  the  township  or  city  treasurer  entitled  thereto  all  moneys  collected 
in  the  jurisdiction  of  any  treasurer  when  demanded  by  such  treasurer: 
Provided,  however,  That  this  act  shall  not  apply  to  cities  having  a 
population  of  over  80,000.  [G.  S.  1915,  §  8790,  as  amended  by  Laws 
1917,  ch.  267,  §  1 ;  April  5.] 

Tax   not    collectible   from   residents   of    cities    of    first    class.      City    of    Topeka    v     Wasson, 
101  K.  824. 

Cases  construing  section  before  latest  amendment : 

Officers   of   city    authorized   to    expend   tax    imposed   bv    section.      Citv    of    Emporia    v. 

Griffith,  86  K.  976. 
Ordinance  requiring  payment  of  road  tax  not  annulled  by  this  act.     City  of  McPherson 

v.  Hanson,   88   K.    151. 
Poll    tax    not    collectible    in    cities    of    the    first    class.      Shane    v.    City    of    Hutchinson, 

88  K.  188. 

Title  of  act  broad  enough  to  cover  penalty  imposed  herein.      City  of  Winfield  v.   Bell, 

89  K.  96. 


150 


Ch.  35]  PUBLIC  WORK,  EIGHT-HOUR  DAY.  [§  428 


CHAPTER  35.— PUBLIC  WORK,  EIGHT-HOUR  DAY.* 

Kitiht   hours   constitute   a   day's   work  of  light   and   water  plants   in  cities 

for     all     laborers,     workmen,     i  of  second  and  third  classes. 


chanics,  etc.,  employed  on  public 
work ;  exception  in  cases  of  ex- 
traordinary emergency ;  payment 
of  wages  on  basis  of  eight-hour 
day;  rate  not  less  than  current 
per  diem  wages  in  the  locality : 
persons  employed  by  contractors 


Si •_'!».  Contracts  deemed  made  on  basis  of 
eight  hours  constituting  a  d.i\  > 
work  ;  contractor  not  to  require  or 
permit  persons  to  work  more  than 
eight  hours  per  day;  exception. 
430.  Penalty  for  violation  of  two  pre- 
ceding sections  by  public  officer, 


or      subcontractors      deemed      om-  contractor,    etc. 

ployed  on  public  work ;    exemption    ' 

LAWS  OF  1891,  CH.  114,  AS  AMENDED  BY  LAWS  OF  1913,  CH.  220. 

AN  ACT  constituting  eight  hours  a  day's  work  for  all  laborers,  workmen,  mechanics  and 
other  persons  employed  by  or  on  behalf  of  the  state  of  Kansas,  or  bv  or  on  behalf  of 
any  county,  city,  township  or  other  municipality  in  said  state,  or  by  contractors  or 
others  doing  work  or  furnishing  material  for  the  state  of  Kansas,  or  anv  county,  city, 
township,  or  other  municipality  thereof,  and  providing  penalties  for  violation  of  the 
provisions  cf  this  act. 

§  428.  Eight  heurs  constitute  a  day's  work  for  all  laborers,  workmen, 
mechanics,  etc.,  employed  on  public  work;  exception  in  cases  of  extraor- 
dinary emergency;  payment  of  wages  on  basis  of  eight-hour  day;  rate 
not  less  than  current  per  diem  wages  in  the  locality;  persons  employed 
by  contractors  or  subcontractors  deemed  employed  on  public  work;  ex- 
emption of  light  and  water  plants  in  cities  of  second  and  third  classes. 
That  eight  hours  shall  constitute  a  day's  work  for  all  laborers,  workmen, 
mechanics  or  other  persons  now  employed  or  who  may  hereafter  be  em- 
ployed by  or  on  behalf  of  the  state  of  Kansas,  or  by  or  on  behalf  of  any 
county,  city,  township  or  other  municipality  of  said  state,  except  in  cases 
of  extraordinary  emergency,  which  may  arise  in  time  of  war  or  in  cases 
where  it  may  be  necessary  to  work  more  than  eight  hours  per  calendar 
day  for  the  protection  of  property  or  human  life:  Provided,  That  in  all 
such  cases  the  laborers,  workmen,  mechanics  or  other  persons  so  employed 
and  working  to  exceed  eight  hours  per  calendar  day  shall  be  paid  on  the 
basis  of  eight  hours  constituting  a  day's  work:  Provided  further,  That 
not  less  than  the  current  rate  of  per  diem  wages  in  the  locality  where  the 
work  is  performed  shall  be  paid  to  laborers,  workmen,  mechanics,  and 
other  persons  so  employed  by  or  on  behalf  of  the  state  of  Kansas,  or  any 
county,  city,  township  or  other  municipality  of  said  state.  And  laborers, 
workmen,  mechanics  and  other  persons  employed  by  contractors  or  sub- 
contractors in  the  execution  of  any  contract  or  contracts  within  the  state 
of  Kansas,  or  within  any  county,  city,  township  or  other  municipality 
thereof,  shall  be  deemed  to  be  employed  by  or  on  behalf  of  the  state  of 
Kansas,  or  of  such  county,  city,  township  or  other  municipality  thereof: 
Provided  further,  That  any  cities  of  the  second  or  third  class  owning  or 
operating  municipal  light  and  water  plants  be  and  the  same  are  hereby 
exempted  from  the  provisions  of  this  act.  [G.  S.  1915,  §  5870.] 

Provisions  of  this  section  not  applicable  to  employees  at  penitentiary.     The  State,   ex  r*l., 

v.  Martindale,  47  K.  147. 

Ordinance  requiring  more  than  eight  hours,   held  invalid.     In   re  Ashby,   60  K.   101. 
This  section  held  constitutional  and  valid.     In  re  Dalton,  61  K.  257. 

"pension  of  federal  eight-hour  law  in  ca«e  of  national  emergency.  .  .  .  "That 
in  case  of  national  emergency  the  President  is  authorized  to  suspend  provisions  of  law  pro 
hibiting  more  than  eight  hours  labor  in  any  one  day  of  persons  engaged  upon  work  covered 
by  contracts  with  the  United  States:  Provided  further.  That  the  wages  of  persons  em- 
ployed upon  such  contracts  shall  be  computed  on  a  basic  day  rate  of  eight  hours  work,  with 
overtime  rates  to  be  paid  for  at  not  less  than  time  and  one-half  for  all  hours  of  work  in 
excess  of  eight  hours."  (This  is  from  the  naval  appropriation  act  of  March  4,  1917.) 

151 


§§  429, 430]  RAILROADS.  [Ch.36 

Employees    accepting   regular   wages   estopped   from   claiming   extra   pay.      Beard   v.    Sedg- 

wick  County,  63  K.  348. 
Employees  of  contractor,  making  city  improvements,  come  under  this  section.     The  State  v. 

Atkin,  64  K.  174. 

Affirmed  by  supreme  court  of  United  States,  see  Atkin  v.  Kansas,    191   U.   S.   207. 
Provisions    of    this    section    are    applicable    to    a    school    district.      The    State    v.    Wilson. 

65  K.  237. 
Evidence  held  not  to  establish  fact  that  defendant  was  paying  less  than  the  current   rate 

of  wages  to  its  employees.     The  State,   ex  rel.,  v.  Construction  Co.,   99  K.   838. 
Occasions  on   which  employees  worked  more  than  eight  hours  per  day  held  to  be   within 

exceptions  named  in  this  section.     The  State,  ex  rel.,  v.  Construction  Co.,  99  K.  838. 

§  429.  Contracts  deemed  made  on  basis  of  eight  hours  constituting  a 
day's  work;  contractor  not  to  require  or  permit  persons  to  work  more  than 
eight  hours  per  day;  exception.  That  all  contracts  hereafter  made  by  or 
on  behalf  of  the  state  of  Kansas,  or  by  or  on  behalf  of  any  county,  city, 
township,  or  other  municipality  of  said  state,  with  any  corporation,  per- 
son or  persons,  for  the  performance  of  any  work  or  the  furnishing  of  any 
material  manufactured  within  the  state  of  Kansas,  shall  be  deemed  and 
considered  as  made  upon  the  basis  of  eight  hours  constituting  a  day's 
work ;  and  it  shall  be  unlawful  for  any  such  corporation,  person  or  persons 
to  require  or  permit  any  laborer,  workman,  mechanic  or  other  person  to 
work  more  than  eight  hours  per  calendar  day  in  doing  such  work  or  in 
furnishing  or  manufacturing  such  material,  except  in  the  cases  and  upon 
the  conditions  provided  in  section  1  of  this  act.  [G.  S.  1915,  §  5871.] 
"Section  1  of  this  act,"  mentioned  herein,  is  §  428,  supra. 

§  430.  Penalty  for  violation  of  two  preceding  sections  by  public  officer, 
contractor,  etc.  That  any  officer  of  the  state  of  Kansas,  or  of  any  county, 
city,  township  or  municipality  of  said  state,  or  any  person  acting  under  or 
for  such  officer,  or  any  contractor  with  the  state  of  Kansas,  or  any  county, 
city,  township  or  other  municipality  thereof,  or  other  person  violating  any 
of  the  provisions  of  this  act,  shall  for  each  offense  be  punished  by  a  fine  of 
not  less  than  $50  nor  more  than  $1000,  or  by  imprisonment  not  more  than 
six  months,  or  both  fine  and  imprisonment,  in  the  discretion  of  the  court. 
[G.  S.  1915,  §  5872.] 

Laws   1891,   ch.   114,    §  4,  provided  that  the  act  should  not   apply   to  existing   con- 
tracts. 


CHAPTER  36.— RAILROADS.* 

Article  1.    Bond  from  Contractor  for  Protection  of  Laborers,  etc. 
§§  431,  432. 

2.  Clearance  of  Overhead  Structures.    §§  433,  434. 

3.  Damages  Caused  by  Negligence  of  Agents,  etc.    §§  435-437. 

4.  Damages  from  Neglect  on  Part  of  Railroad  Company.     §  438. 

5.  Destroying  or  Injuring  Railroad  Property,  etc.    §§  439-442. 

*  Accidents  upon  premises  of  common  carriers,  etc.  (The  following  is  from  the  public 
utilities  act  of  1911)  :  "Every  common  carrier  and  every  public  utility  governed  by  the 
provisions  of  this  act  shall,  whenever  an  accident  attended  with  loss  of  human  life  or 
serious  personal  injury  occurs  upon  its  premises  within  this  state,  give  immediate  notice 
thereof  by  telegraph  to  the  commission.  In  the  event  of  any  such  accident,  the  commis- 
sion, if  it  deem  the  public  interest  requires  it,  shall  cause  an  investigation  to  be  made 
forthwith,  in  connection  with  the  labor  commission,  as  now  provided  by  law,  which  in- 
vestigation shall  be  held  in  the  locality  of  the  accident,  unless  for  greater  convenience  of 
those  concerned  it  shall  order  such  investigation  to  be  held  at  some  other  place.  Said 
investigation  may  be  adjourned  from  place  to  place  as  may  be  found  necessary  and  con- 
venient. The  commission  shall  seasonably  notify  an  officer  or  agent  of  the  public  utility 
or  common  carrier  of  the  time  and  place  of  the  investigation."  [G.  S.  1915,  §  8360.] 

For  act  requiring  report  of  accident*  to  state  factory  inspector,  and  providing  for 
investigation,  etc.,  by  such  inspector,  see  §§  11-14,  ante. 

152 


Ch.  36,  Art.  1] RAILROADS. [§431 

6.  Flagman  Stationed  to  Protect  Trains,  etc.    §§  443-446. 

7.  Free  Passes,  etc.     §§  447-454. 

8.  Frogs,  Switches,  and  Guard-rails,  Filling,  etc.    §§  455,  456. 

9.  Headlights  on  Locomotives,  Requirements.     §§  457,  458. 

10.  Hours  of  Labor.    §§  459,  460. 

11.  Injury  to  or  Death  of  Employee,  Liability  of  Railroad  Com- 

pany.    §§461-466. 

12.  Interlocking  or  Automatic  Signals  at  Crossings.     §  467. 

13.  Journal  Brass,  Penalty  for  Removal.    §§  468,  469. 

14.  Obstructing  Operation  of  Railroad.    §§  470-473. 

15.  Passengers  on  Freight  Trains.     §§  474-476. 

16.  Pilot  for  Detoured  Trains.    §§  477,  478. 

17.  Shelter  for  Laborers  Constructing  or  Repairing  Equipment. 

§§  479,  480. 

18.  Street  Railway,  etc.,  across  Tracks  of  Railroad.    §§  481,  482. 

19.  Switch  Lights  and  Lights  Controlling  Movements  of  Trains. 

§§  483-485. 

20.  Way  Cars  or  Cabooses,  Size  and  Construction.    §§  486-488. 

21.  Wires  Crossing  Tracks  of  Railroad.     §§  489-491. 


ARTICLE  1. — Bond  from  Contractor  for  Protection  of  Laborers,  Etc. 

§431.   Railroad     company     contracting     for    |  county;     railroad     company    liable 

when  bond  not  taken. 

;432.  Suit  may  be  brought  on  such  bond 
by  all  persons  mentioned  in  pre- 
ceding section. 


construction  of  road  to  take  bond 
from  contractor  for  protection  of 
laborers.  mechanics,  material- 
men,  etc. :  bond  to  be  filed  in  each 


LAWS  OF  1872,  CH.  136. 

§  431.  Railroad  company  contracting  for  construction  of  road  to  take 
bond  from  contractor  for  protection  of  laborers,  mechanics,  materialmen, 
etc.;  bond  to  be  filed  in  each  county;  railroad  company  liable  when  bond 
not  taken.  That  whenever  any  railroad  company  shall  contract  with  any 
person  for  the  construction  of  its  road  or  any  part  thereof,  such  railroad 
company  shall  take  from  the  person  with  whom  such  contract  is  made  a 
good  and  sufficient  bond,  conditioned  that  such  person  shall  pay  all  labor- 
ers, mechanics  and  materialmen,  and  persons  who  supply  such  contractor 
with  provisions  or  goods  of  any  kind,  all  just  debts  due  to  such  persons, 
or  to  any  person  to  whom  any  part  of  such  work  is  given,  incurred  in 
carrying  on  such  work^;  which  bond  shall  be  filed  by  such  railroad  com- 
pany in  the  office  of  the  register  of  deeds  in  each  county  where  the  work 
of  such  contractor  shall  be.  And  if  any  such  railroad  company  shall  fail 
to  take  such  bond,  such  railroad  company  shall  be  liable  to  the  persons 
herein  mentioned  to  the  full  extent  of  all  such  debts  so  contracted  by  such 
contractor.  [G.  S.  1915,  §  8453.] 

Railroad  company   is  proper   obligee   in   bond.      Atchison.    T.    &    S.    F.    R.    Co.   v.    Cuthbert, 

14  K.   212. 
Bond  not  vitiated  by  added  stipulation.     Atchison,  T.  &  S.  F.  R.  Co.  v.  Cuthbert,    14  K. 

212. 
Liability  statutory:  party  must  show  all  facts  required  by  statute.     Atchison.  T.  &  S.  F.  R. 

Co.  v.  Cuthbert.   14  K.  212. 
Section  applies  to  contract  for  work  on   additions  and  extensions.      Missouri,   K.   &  T.   Ry. 

Co.  v.  Brown,  14  K.  .">7. 
Company  failing  to  take  bond;  person  to  whom  company  liable.     Missouri,  K.  &  T.  Ry.  Co. 

v.  Brown.  14  K.  557. 
Proof  of  facts  necessary  to  show  that  builder  was  "contractor."      Atchison,   T.   &  S.  F.  R. 

Co.  v.  McConnell.  25  K.  370. 

153 


§§432-434]  RAILROADS.  [Ch.  36,  Art.  3 

Obligors  not  liable  for  provisions  furnished  to  laborers  employed.      Wells  v.   Mehl,   25    K. 

205;   St.  Louis,  K.  &  A.   Ry.  Co.  v.   Cobb,   25   K.   388. 
Laborers  and  mechanics  employed  by  subcontractor  within  protection  of  section.     Mann  v. 

Corrigan,  28  K.  194. 
Company  not  liable  for  provisions  or  goods  furnished  to  subcontractor.      St.   L.  W.  &   "\Y. 

Bly.  Co.  V.  Ritz,   30  K.   30. 

Railroad  taking  bond  not  liable;  filing  not  essential  to  immunity.     Mann  v.  Burt,  35  K.  10. 
Teamster  is  laborer  within  meaning  of  section.     Mann  v.  Burt,   35  K.  10. 
Company  not  chargeable  with  debts  due  for  labor  of  teams.     Mann  v.  Burt,  35  K.   10. 
Provisions  not  going  into  construction  of  road ;  liability  of  company.     Parkinson  &  Co.  v. 

Alexander,  37  K.  110. 
Liability  of  sureties  on  bond  of  contractor,   considered.      Parkinson   &   Co.   v.    Alexander, 

37  K.  110. 

Bond  compared  with  bond  of  contractor  on  public  work.     Griffith  v.  Stucker,  91  K.  51. 
Application    of    payments    made    by    subcontractor    to    materialman,    considered;    right    of 

materialman  to  sue  on  bond,  considered.     Crane  Co.  v.  Terminal  Railway  Co.,   98   K. 

336. 
Act  or  omissions  of  obligee  or  of  contractor  for  which  laborers,  etc.,  are  not  responsible  will 

not  relieve  guaranty   company  from  liability  to  laborers,   mechanics   and   materialmen. 

Asphalt  Co.  v.  Building  Co.,  99  K.  567. 
Change   in  manner   of   pa\ment   held  not   to   relieve   guaranty   company    from   liability    on 

bond.     Asphalt  Co.  v.  Building  Co.,  99  K.  567. 
Sufficiency  of  petition  in  action  on  bond,  considered.     Sheahan  v.  Guaranty  Co.,  99  K.  704. 

§  432.  Suit  may  be  brought  on  such  bond  by  all  persons  mentioned  in 
preceding  section.  All  such  persons  mentioned  in  the  first  section  of  this 
bill  shall  have  a  right  of  action  on  the  bond  provided  for  in  the  first  sec- 
tion of  this  act,  for  the  full  awards  of  debts  against  such  contractor. 
[G.  S.  1915,  §  8454.] 

ARTICLE  2. — Clearance  of  Overhead  Structures. 

§433.   Unlawful    to    erect,    etc.,    any    over-        §434.  Attorney-general    to    bring    action    to 
head     crossing     or     viaduct     over  enjoin   erection   of  unlawful  struc- 

tracks  or  right  of  way  of  railroad  ture   on    complaint   of   any    citizen, 

company    without    clearance   of   22 
feet. 

LAWS  OF  1915,  CH.  281. 

AN   ACT   for   the   protection   of   railway    employees,    and   fixing    a    minimum    clearance    of 
structures  over  railroad  tracks. 

§  433.  Unlawful  to  erect,  etc.,  any  overhead  crossing  or  viaduct  over 
tracks  or  right  of  way  of  railroad  company  without  clearance  of  22  feet. 

It  shall  be  unlawful  for  any  person,  corporation  or  municipality  to  erect, 
build  or  construct  any  overhead  crossing  or  viaduct  over  and  across  the 
tracks  or  right  of  way  of  any  railroad  or  railway  company,  without  pro- 
viding a  clear  space  or  clearance"  of  not  less  than  22  feet  from  the  top  of 
the  rail  or  rails  of  such  railroad  or  railway  tracks  to  the  lowest  girder 
under  said  elevated  structure.  [G.  S.  1915,  §  8706.] 

§  434.  Attorney -general  to  bring  action  to  enjoin  erection  of  unlawful 
structure  on  complaint  of  any  citizen.  It  shall  be  the  duty  of  the  attor- 
ney-general, on  complaint  of  any  citizen  of  the  state  that  such  unlawful 
structure  is  being  erected,  to  bring  an  action  in  the  name  of  the  state,  in 
any  court  of  competent  jurisdiction,  to  enjoin  the  erection  of  any  such 
structure  not  having  the  clearance  provided  for  in  section  1.  [G.  S.  1915, 
§  8707.] 

ARTICLE  3.— Damages  Caused  by  Negligence  of  Agents,  Etc. 


§435.  Railroad  companies  liable  for  dam- 
ages to  employees;  notice  in  writ- 
ing within  eight  months;  action 
within  such  time ;  person  pre- 
vented from  giving  notice  within 
time ;  death  within  such  period ; 
what  notice  must  state. 


§436.    Service  of  such  notice;  persons  upon 
whom  such  service  may  be  made: 
proof   of   such   service. 
437.   Repeal  of  Laws  of  1905,  ch.   341. 


154 


Ch.  36,  Art.  3] RAILROADS. [§435 

LAWS  OF  1874,  CH.  93,  AS  AMENDED  BY  LAWS  OF  1903,  CH.  393,  LAWS  OF 
1905,  CH.  341,  AND  LAWS  OF  1907,  CH.  281. 

§  435.  Railroad  companies  liable  for  damages  to  employees;  notice  in 
writing  within  eight  months;  action  within  such  time;  person  prevented 
from  giving  notice  within  time;  death  within  such  period;  what  notice 
must  state.  Every  railroad  company  organized  or  doing  business  in  the 
state  of  Kansas  shall  be  liable  for  all  damages  done  to  any  employee  of 
said  company  in'  consequence  of  any  negligence  of  its  agents,  or  by  any 
mismanagement  of  its  engineers  or  other  employees,  to  any  person  sus- 
taining such  damage:  Provided,  That  notice  in  writing  that  an  injury 
has  been  sustained,  stating  the  time  and  place  thereof,  shall  have  been  given 
by  or  on  behalf  of  the  person  injured,  to  such  railroad  company  within 
eight  months  after  the  occurrence  of  the  injury:  Provided,  however,  That 
where  an  action  is  commenced  by  the  injured  person  within  said  eight 
months,  it  shall  not  be  necessary  to  give  said  notice:  And  provided  fur- 
ther, That  where  any  person  injured  is  in  the  hospital  of  or  under  the 
charge  of  the  railroad  company  causing  the  injury,  or  is  prevented  by  the 
effects  of  said  injury,  the  said  eight  months  shall  not  begin  to  run  until 
such  injured  person  is  discharged  from  said  hospital  or  care  of  said  rail- 
road company  or  until  such  disability  be  removed:  Provided  further, 
That  in  case  said  injured  person  shall  die,  as  a  result  of  said  injuries, 
within  said  eight  months,  it  shall  not  be  necessary  to  give  said  notice: 
Provided  further,  That  said  notice  need  not  state  whether  or  not  suit  is 
intended  to  be  brought.  [G.  S.  1915,  §  8477.] 

This  section  not  repealed  by  Laws   1911,   ch.   218    (workman's  compensation  act). 
See  §  602,  post. 
Cases  construing  Laws  1874,  ch.  93: 

Negligence  not  presumed  but  must  be  alleged  and  proved.     U.  P.  Rly.  Co.  v.  Hahaffy, 

4  K.  A.  88. 
Injury  on  hand  car  while  returning  from  work;    railroad  liable.     Union  Trust  Co.  v. 

Thomason,  25  K.  1. 
Statute  held  valid ;    statute   adopted  from   Iowa ;    decisions   applicable.      Missouri   Pae. 

Ry.  Co.  v.  Haley,  25  K.  35. 
Act  must  be  that  of  agent  or  employee  having  authority.     Solomon  Rid.  Co.  v.  Jones, 

30  K.  601. 
Two-year  statute  of  limitations  applies  to  actions  brought  hereunder.     A.   T.   &  S.   F. 

Rid.  Co.  v.  King,  31  K.  708. 
Section  does  not  deny  equal  protection  of  the  law;  held  valid.     Mo.   Pac.  Rlv.   Co.  v. 

Mackey,  33  K.  298. 
Incompetence   of    coemployee ;    defective    materials;    when    risk    assumed    by    employee. 

K.  P.  Rly.  Co.  v.  Peavey,  84  K.  472. 
Rules  of  contributory  negligence  not  abolished  by  this  act.     K.  P.  Rly.  Co.  v.  Peavey, 

34  K.  472. 
Question  of  negligence  considered;   held  doubtful  whether  any  negligence   shown.     C. 

K.  &  N.  Rly.  Co.  v.  Brown,  44  K.  384. 
Negligence   of    coemployee;    bridge    carpenter,    injured   loading   timbers,    may    recover. 

C.  K.  &  W.  Rid.  Co.  v.  Pontius,  52  K.  264. 
Liability  of  receiver   determined  by   rules   applicable  to  railroad   company.      Rouse  v. 

Harry,  55  K.  589. 
Action  barred,  not  revived  by  ingrafting  upon  action  not  barred.     A.  T.  &  S.  F.  Rid. 

Co.  v.  Schroeder,  56  K.  731. 
Liability  for  injury  of  employee  as  between  corporation  and  receivers.     Railway  Co.  v. 

Bricker,  65  K.  321. 
Student  brakeman  held  to  be  employee  of  railway  company.     Railway  Co.  v.   Fronk, 

74  K.  519. 
Contract  releasing  company  from  liability  for  negligence  held  void.      Railway   Co.   v. 

Fronk,  74  K.  519. 
Railroad   company   liable   to    express   messenger   for   negligence    regardless    of   release. 

Sewell  v.  Railway  Co.,  78  K.  16. 

Section  held  constitutional  and  valid.     Mo.  Pac.  Rly.  Co.  v.  Mackey,  127  U.  S.  205. 
Cases  construing  Laws  1903,  ch.  393: 

Assumption  of  risk  and  contributory  negligence  of  employee,  considered.     Railroad  Co. 

v.  Burgess,  72  K.  454. 

Injury  to  employee;   negligence  of  fellow-servant;   statutory  liability  of  master.      Rail- 
way Co.  v.  Green,  75  K.  504. 

155 


§§  436-438]  RAILROADS.  [Ch.  36,  Art.  4 

Requirement  of  notice  applies  only  to  actions  brought  under  statute.  Railroad  Co.  v. 
Little,  75  K.  716. 

Contributory    negligence    shown    by    statement    attached    to    petition;    recovery    barred. 

Railway  Co.  v.  Schroll,  76  K.  572. 
Case  construing  Laws  1905,  ch*.  341: 

Statements   made   by    employee    in    notice,    etc.,    may    be    considered.      Railway    Co.    v. 

Hastings,   79  K.  499. 
Cases  construing  Laws  1907,  ch.  281: 

Section  man  injured  by  fellow  laborer  within  protection  of  act.  Smith  v.  Railway  Co., 
82  K.  248. 

Allegation  concerning  notice  considered  surplusage  where  notice  not  required.  Younij 
v.  Railway  Co.,  82  K.  332. 

Statute  excludes  application  of  fellow-servant  rule.     Brooks  v.  Railway  Co.,  95  K.  732. 

The  practice  of  procuring  or  attempting  to  procure  for  a  nominal  sum  a  release  from 
one  still  suffering  from  the  excitement  and  pain  of  a  recent  injury  is  not  to  be  en- 
couraged or  judicially  approved.  Orr  v.  Railway  Co.,  98  K.  120. 

§  436.  Service  of  such  notice;  persons  upon  whom  service  may  be 
made;  proof  of  such  service.  The  service  [notice]  mentioned  in  section  1 
hereof  may  be  served  by  a  written  copy  thereof,  by  the  person  injured  or 
any  one  on  his  behalf,  upon  any  person  designated  by  the  railroad  in  any 
county  in  which  the  action  might  be  brought,  as  provided  in  section  4499 
of  the  General  Statutes  of  Kansas  of  1901,  or  if  no  such  person  has  been 
designated  or  appointed,  as  in  said  section  provided,  then  upon  any  local 
superintendent  of  affairs,  freight  agent,  agent  to  sell  tickets,  or  station 
keeper  of  such  company  or  corporation  in  such  county,  or  such  service 
may  be  made  by  leaving  a  copy  thereof  at  any  depot  or  station  of  such 
company  or  corporation  in  such  county,  with  the  person  in  charge  thereof 
or  in  the  employ  of  such  company  or  corporation,  and  such  service  shall 
be  held  and  deemed  complete  and  effectual.  Proof  of  such  service  shall  be 
made  by  the  affidavit  of  the  party  making  the  same,  or  other  persons 
knowing  the  facts.  [G.  S.  1915,  §  8478.] 

"Section  4499  of  the  General  Statutes  of  Kansas  of  1901,"  mentioned  herein,  was 
§  68er  of  the  former  civil  code,  the  general  provisions  of  which  are  contained  in  §  71 
of  the  code  of  1909,  printed  as  §  6962  of  the  General  Statutes  of  1915. 

Notice  mailed  to  assistant  claim  agent  and  acted  upon,   sufficient.      Smith  v.   Railway  Co. 

82  K.  248. 
Notice    may    be    served    by    delivering    copy    to    station    agent.       Dowell    v.    Railway    Co.. 

93  K.  562. 

Annotation  to  L.  1905,  ch.  341 : 

Notice  may  be  served  upon  ticket  agent  of  the  company.  Railroad  Co.  v.  Burgess 
72  K.  454. 

§  437.  Repeal  of  Laws  of  1905,  ch.  341.  Chapter  341  of  the  Session 
Laws  of  1905  is  hereby  repealed.  [G.  S.  1915,  §  8479.] 

ARTICLE  4. — Damages  from  Neglect  on  Part  of  Railroad  Company. 

§438.   Railroads  liable  for  damages  to  person  or  property  caused  by  neglect. 

LAWS  OP  1870,  CH.  93. 

§  438.  Railroads  liable  for  damages  to  person  or  property  caused  by 
neglect.  That  railroads  in  this  state  shall  be  liable  for  all  damages  done 
to  person  or  property,  when  done  in  consequence  of  any  neglect  on  tha 
part  of  the  railroad  companies.  [G.  S.  1915,  §  8476.] 

Statute  applied;  section  held  to  govern  liability  for  damages.  St.  L.  &  S  F  Rly  Co  v 
Fruit  Co.,  1  K.  A.  551. 

Negligence  must  be  alleged  and  proved  under  this  section.  A.  T.  &  S.  F.  Rid.  Co.  v.  Dit- 
mars,  3  K.  A.  459. 

Section  does  not  abolish  fellow-servant  rule;  negligence  between  coemployees.  K.  P.  Rail- 
way v.  Salmon,  Adm'x,  11  K.  83. 

Section  has  changed  law;  instruction  concerning  exercise  of  ordinary  care.  St.  Jos.  &  D. 
C.  Rid.  Co.  v.  Grover,  11  K.  302. 

Section  has  not  wiped  out  defense  of  contributory  negligence.  K.  C.  Ft.  S  &  G  Rid  Co. 
v.  McHenry,  24  K.  501. 

Duty  of  railroad  company  to  passengers;  sick  or  insane  passenger.  A.  T.  &  S.  F.  Rid.  Co. 
v.  Weber,  Adm'r,  33  K.  543. 

156 


Ch.  36,  Art.  5] 


RAILROADS. 


439-441 


Railroad  company  responsible  for  damages  negligently  done  to  stock.     L.  &  W.  Rid.  Co.  v. 

Ross.  40  K.  609. 
Express  messenger  may  recover  for  injuries  from  negligence:   release  disregarded.     Sewell 

v.   Railway  Co.,  18  K.  16. 

Effect  of  section  discussed.      Sewell  v.  Railway  Co..  78  K.  21. 
Stipulation   in   lease  exempting  railroad   company   from  liability,   held   valid.      Grain   Co.   v. 

Railway   Co..   94   K.   590. 
Assumption    of    risk    and    contributory    negligence,    considered.       Harper    v.    Railway    Co.. 

95   K.  201. 
"The  practice  of  procuring  or  attempting  to  procure  for  a  nominal  sum  a  release  from  one 

still  suffering  from  the  excitement  and  pain  of  a  recent  injury  is  not  to  be  encouraged 

or  judicially  approved."      Orr  v.  Railway  Co..  98  K.   120. 
Railroad    held '  liable    to    trespasser    only    for    willful    neglect.       Malott    v.    Railroad    Co., 

99  K.   115. 

ARTICLE  5. — Destroying  or  Injuring  Railroad  Property,  Etc. 


;439.  Destroying  or  injuring  railroad 
tracks,  bridges,  etc..  or  placing 
obstructions  thereon:  punishment: 
punishment  when  death  occa- 
sioned by  such  acts. 

440.  Willfully  injuring  or  destroying 
rails,  sills,  cross-tie^,  etc.,  or  em- 
bankment of  railroad;  punish- 
ment. 


l-ll.  \Yillfully  injuring  or  destroying  loco- 
motive,  car.  etc.,  in  use,  or  water 
station,  etc.,  of  railroad;  punish- 
ment, 

442.  Aiding  or  abetting  in  commission  of 
offenses  named  in  three  preceding 
sections :  punishment :  liability  of 
person  committing  such  acts,  to 
railroad  company  or  persons  in- 
jured thereby,  for  damages  sus- 
tained. 

PART  OF  GENERAL  STATUTES  OF  1868,  CH.  31,  AS  AMENDED  BY  LAWS  OF 

1897,  CH.  122. 

§  439.  Destroying  or  injuring  railroad  tracks,  bridges,  etc.,  or  placing 
obstructions  thereon;  punishment;  punishment  when  death  occasioned  by 
such  acts.  Any  person  or  persons  who  shall  willfully  remove,  break,  dis- 
place, throw  down,  destroy,  or  in  any  manner  injure  any  iron,  wooden  or 
other  kind  of  rail  or  other  branches  or  branch  ways,  or  any  part  of  the 
tracks,  or  any  bridge,  viaduct,  culvert,  embankment,  parapet,  switch,  or 
other  fixtures  or  any  part  thereof  attached  to  or  connected  with  the  track 
or  tracks,  of  any  railroad  in  the  state,  in  actual  operation,  or  in  the  course 
of  construction,  or  which  shall  hereafter  be  constructed  or  put  in  opera- 
tion, or  who  shall  willfully  place  any  obstruction  upon  the  rails  or  track 
of  any  such  railroad,  shall  on  conviction  thereof  be  punished  by  confine- 
ment at  hard  labor  in  the  penitentiary  not  less  than  five  nor  more  than  ten 
years:  Provided,  That  if  any  person  or  persons  shall,  by  the  commission 
of  either  or  any  of  the  aforesaid  offenses,  occasion  the  death  of  any  person 
or  persons,  the  person  or  persons  so  offending  shall  upon  conviction  be 
deemed  guilty  of  murder  in  the  first  degree,  and  shall  be  punished  as  now 
provided  by  law  for  the  punishment  of  murder  in  the  first  degree.  [G.  S. 
1915,  §  3483.] 

§  440.  Willfully  injuring  or  destroying  rails,  sills,  cross-ties,  etc.,  or 
embankment  of  railroad;  punishment.  Any  person  who  shall  willfully 
throw  down,  break,  remove,  displace,  cut,  split,  burn,  or  in  any  manner 
destroy  or  injure  any  of  the  rails,  sills,  switches,  cross-ties,  piles,  bridges, 
culverts,  viaducts,  parapets,  or  any  other  fixture  of  any  railroad,  or  shall 
willfully  injure  or  destroy  any  embankment  of  any  railroad  within  this 
state,  now  constructed  or  in  process  of  construction,  or  of  any  railroad 
which  shall  hereafter  be  constructed  or  be  in  process  of  construction  in 
this  state,  shall  on  conviction  thereof  be  punished  by  confinement  and  hard 
labor  in  the  penitentiary  not  less  than  one  nor  more  than  three  years. 
[G.  S.  1915,  §  3484.] 

§  441.  Willfully  injuring  or  destroying  locomotive,  car,  etc.,  in  use,  or 
water  station,  etc.,  of  railroad;  punishment.  Every  person  who  shall  will- 


157 


§§  442-445] 


RAILROADS. 


[Ch.  36,  Art.  6 


fully  cut,  break,  burn,  injure  or  destroy  any  locomotive,  car,  or  other 
machinery  which  now  is  or  which  may  hereafter  be  in  use  upon  any  rail- 
road in  this  state,  or  any  wood-house,  car  or  water  station  erected  for  the 
accommodation  and  use  of  any  railroad  within  this  state,  shall  on  con- 
viction thereof  be  punished  by  confinement  and  hard  labor  in  the  peni- 
tentiary not  less  than  one  nor  more  than  three  years.  [G.  S.  1915, 
§  3485.] 

This  section  does  not  cover  breaking  street-car  window.     The  State  v.  Cain,   69  K.   186. 

§  442.  Aiding  or  abetting  in  commission  of  offenses  named  in  three 
preceding  sections;  punishment;  liability  of  person  committing  such  acts, 
to  railroad  company  or  persons  injured  thereby,  for  damages  sustained. 

Every  person  who  shall  willfully  counsel,  advise  or  assist,  aid  or  abet  any 
other  person  in  commission  of  any  of  the  oifenses  named  in  the  three  pre- 
ceding sections  of  this  act,  shall  upon  conviction  thereof  be  punished  in 
the  same  manner  as  the  principal  offender  would  have  been  upon  con- 
viction: Provided,  That  any  railroad  company  whose  property  shall  be 
destroyed  or  injured  by  any  of  the  acts  or  offenses  mentioned  in  the  three 
aforesaid  sections,  or  any  person  who  shall  be  injured  by  any  of  the  acts 
aforesaid,  shall  have  a  right  of  action  against  any  person  or  persons  com- 
mitting any  of  the  acts  or  offenses  mentioned  in  the  said  three  sections  of 
this  act;  and  such  person  or  persons  committing  any  of  such  acts  or 
offenses  shall  be  liable  for  all  damages  so  sustained.  [G.  S.  1915,  §  3486.] 

ARTICLE  6.— Flagman  Stationed  to  Protect  Trains,  etc. 


\ 443.  Flagman  required  to  be  stationed  to 
protect  engines,  trains  or  cars  ob- 
structing main  tracks. 

444.  Trains,  engines  and  cars  on  main 
tracks  to  be  protected  by  flagman 
regardless  of  use  of  manual  or  au- 
tomatically controlled  block  sys- 
tem or  signal;  flagman  to  have 
visible  and  audible  signals. 


J445.  Penalty  for  violation  of  two  pre- 
ceding sections. 

446.  Flagman,  switchman  or  employee  re- 
ceiving orders  to  protect  train 
guilty  of  misdemeanor  for  acci- 
dent occurring  by  failure,  refusal 
or  neglect;  punishment. 


LAWS  OF  1913,  CH.  251. 

AN  ACT  requiring  trains  to  be  protected  by  a  competent  flagman  and  prescribing  penalties 

for  the  violation  thereof. 

§  443.  Flagman  required  to  be  stationed  to  protect  engines,  trains  or 
cars  obstructing  main  tracks.  That  all  persons  or  corporations  operating 
railroads  in  the  state  of  Kansas,  are  hereby  required  to  protect  engines 
trains  or  cars  which  may  at  any  time  obstruct  main  tracks  over  which 
scheduled  trains  or  trains  under  special  orders  are  operated  or  run,  by 
stationing  a  reliable  and  competent  flagman  in  such  a  position  as  to  stop 
approaching  trains.  [G.  S.  1915,  §  8492.] 

§  444.  Trains,  engines  and  cars  on  main  track  to  be  protected  by  flag- 
man regardless  of  use  of  manual  or  automatically  controlled  block  system 
or  signal;  flagman  to  have  visible  and  audible  signals.  That  when  any 
train  or  trains,  engines  or  cars  are  obstructing  any  main  line  or  other 
tracks  that  are  being  used  for  main  line  purposes  they  shall  be  protected 
against  approaching  trains  at  all  times  regardless  of  the  use  of  any 
manual  or  automatically  controlled  block  system  or  signal,  or  any  yard 
limit  board,  by  a  reliable  and  competent  flagman  with  both  visible  and 
audible  signals.  [G.  S.  1915,  §  8493.] 

§  445.    Penalty   for   violation   of   two   preceding   sections.     That   any 
person,  firm  or  corporation  operating  a  railroad  in  whole  or  in  part 

158 


Ch.  36,  Art.  7] 


RAILROADS. 


[§§446,447 


in  the  state  of  Kansas  violating  any  provision  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor  and  fined  in  the  sum  of  not  less  than  one 
($100)  hundred  dollars  nor  more  than  one  ($1000)  thousand  dollars 
for  each  offense.  [G.  S.  1915,  §  8494.] 

§  446.  Flagman,  switchman  or  employee  receiving  orders  to  protect 
train  guilty  of  misdemeanor  for  accident  occurring  by  failure,  refusal  or 
neglect;  punishment.  That  any  flagman,  switchman,  or  other  employee 
who  has  received  orders  from  his  superior  for  to  protect  his  train,  as  pre- 
scribed for  in  section  1  and  2  of  this  act,  and  any  accident  occurring  by 
the  failure,  refusal,  or  neglect  of  such  employee,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  of  not  less  than  $10  or  more  than  $50  for  each  offense. 
[G.  S.  1915,  §  8495.] 

ARTICLE  7.— Free  Passes,  Etc. 


;447.  Unlawful  for  railroad  company  to 
issue,  give  or  offer  to  issue  or 
give,  any  free  pass,  ticket  or 
transportation  to  any  person  other 
than  those  specified  herein;  un- 
lawful for  any  other  person  to 
solicit,  accept  or  use  any  such 
free  pass,  etc. 

448.  Penalty    for    issuing,    giving,    deliver- 

ing or  offering  to  issue  or  give  any 
free  pass,  etc..  to  person  not  au- 
thorized to  accept  and  use  the 
same;  penalty  for  soliciting,  ac- 
cepting or  using  free  pass,  etc., 
by  person  not  authorized  by  this 
act  to  accept  and  use  same. 

449.  Persons      included      by      word      "em- 

ployee" as  used  in  this  act;  per- 
sons excluded;  exception  as  to 
local  attorney,  physician  and  sur- 
geon. 


1450.  Persons  included  by  word  "family"' 
as  used  in  this  act;  others  ex- 
cluded. 

451.  Free    passes,    tickets    or    transporta- 

tion not  prohibited  during  preva- 
lence of  epidemic,  pestilence  or 
catastrophe  when  necessary,  etc. 

452.  Act    not    to    prohibit    excursion    rates 

open  to  the  public  generally,  re- 
duced fare  to  ministers  of  the  gos- 
pel, religious,  benevolent  or  chari- 
table workers,  inmates  of  sol- 
diers' homes  and  members  of  G. 
A.  R. ;  not  to  affect  rate  for 
militia. 

453.  Device,     subterfuge    or    arrangement 

deemed  violation  of  act ;  punish- 
ment of  officer,  agent  or  employee 
of  company  and  person  receiving 
concession,  advantage,  reduction 
or  rebate. 

454.  Repeal    of    acts   in    conflict    herewith. 

LAWS  OF  1907,  CH.  273,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  260. 

AN  ACT  prohibiting  the  issuance  of  any  free  passes,  tickets  or  transportation  by  any  rail- 
road company  or  other  common  carrier,  and  prohibiting  the  use  of  the  same  and  pre- 
scribing penalties  for  its  violation. 

§  447.  Unlawful  for  railroad  company  to  issue,  give,  or  offer  to  issue 
or  give,  any  free  pass,  ticket  or  transportation  to  any  person  other  than 
those  specified  herein;  unlawful  for  any  other  person  to  solicit,  accept  or 
use  any  such  free  pass,  etc.  It  shall  be  unlawful  for  any  railroad  com- 
pany to  issue,  give,  or  offer  to  issue  or  give,  any  free  pass,  ticket  or  trans- 
portation, in  any  form,  to  passengers,  for  use  upon  its  lines  within  this 
state,  except  to  its  officers  and  directors  and  employees  and  their  families; 
the  officers,  directors  and  employees  of  other  railroads  and  their  families ; 
the  employees  of  express,  telegraph,  telephone  and  sleeping-car  com- 
panies and  their  families;  a  representative  from  each  of  the  labor  organ- 
izations of  employees  of  the  railway  companies;  railway  employees  in- 
capacitated by  reason  of  disease  or  injury  incurred  or  received  in  the  em- 
ploy of  the  company  issuing  such  pass;  ex-railway  employees  who  have 
been  engaged  in  the  employ  of  a  railway  company  continuously  for  fifteen 
years  and  placed  on  the  retired  list,  and  their  families;  railway  hospital 
employees;  also  ex-employees  seeking  employment  in  the  railway  service; 
also  messengers  and  clerks  in  the  railway  mail  service;  news  agents 
while  selling  papers,  books,  magazines,  fruit,  confectionery,  etc.,  on  the 


159 


§§  448-452]  RAILROADS.  [Ch.  36,  Art.  7 

train;  members  of  the  public  utilities  commission  and  their  attorney,  to- 
gether with  all  other  officers  and  employees  of  said  board;  persons  in- 
jured by  wrecks  or  by  accidents,  and  doctors,  nurses  and  necessary  at- 
tendants in  caring  for  such  injured  persons,  to  be  used  only  in  visiting 
employees  and  their  families  or  accompanying  employees  to  railroad  hos- 
pitals ;  caretakers  of  stock,  poultry  or  fruit  in  carload  lot  or  lots,  to  desti- 
nation and  returning  therefrom;  sheriffs  and  one  undersheriff  and  chief 
of  police  in  cities  of  the  first  class ;  indigent,  destitute  or  homeless  persons 
whose  dependent  condition  is  certified  to  by  the  mayor,  commissioner  of 
the  poor,  or  the  chairman  of  the  board  of  county  commissioners;  and  it 
shall  be  unlawful  for  any  person,  other  than  the  above  excepted  persons, 
to  solicit,  accept  or  use  any  such  free  pass,  ticket  or  transportation. 
[G.  S.  1915,  §  8621,  as  amended  by  Laws  1917,  ch.  260,  §  1;  May  26.] 

§  448.  Penalty  for  issuing,  giving,  delivering  or  offering  to  issue  or 
give  any  free  pass,  etc.,  to  person  not  authorized  to  accept  and  use  the 
same;  penalty  for  soliciting,  accepting  or  using  free  pass,  etc.,  by  person 
not  authorized  by  this  act  to  accept  and  use  same.  Any  officer,  agent  or 
employee  of  any  railroad  company  doing  business  within  this  state  who 
issues,  gives  or  delivers,  or  offers  to  issue  or  give,  any  free  pass,  ticket  or 
transportation  to  any  person  not  authorized  to  accept  and  use  the  same 
by  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  by  a 
fine  of  not  more  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  more  than  thirty  days,  or  by  both  such  fine  and  imprison- 
ment; and  any  person  not  authorized  by  this  act  to  accept  and  use  such 
pass,  ticket  or  transportation  who  solicits,  for  himself  or  others,  or  ac- 
cepts or  uses  the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  more  than  thirty  days,  or  by  both  such 
fine  and  imprisonment.  [G.  S.  1915,  §  8622.] 

§  449.  Persons  included  by  word  "employee"  as  used  in  this  act;  per- 
sons excluded;  exception  as  to  local  attorney,  physician  and  surgeon. 
The  word  "employee,"  as  used  in  this  act,  shall  be  construed  to  include  all 
persons  who  devote  their  principal  time,  skill  and  energy  to  the  service  of 
the  railroad  company  by  which  they  are  employed,  and  who  receive  a 
stated  and  remunerative  salary  therefor,  and  to  exclude  all  others  who  do 
not  depend  primarily  upon  such  employment  for  a  livelihood,  except  one 
local  attorney,  physician  and  surgeon  in  any  one  county,  through  or  in 
which  said  railroad  issuing  such  pass  has  a  line  of  road.  [G.  S.  1915, 
§  8623.] 

§  450.  Persons  included  by  word  "family"  as  used  in  this  act;  others 
excluded.  The  word  "family,"  as  used  in  this  act,  shall  be  construed  to 
include  the  employee,  his  wife,  and  minor  children,  immediate  members  of 
his  household  and  dependent  on  him  for  support,  and  to  exclude  all  others. 
[G.  S.  1915,  §  8624.] 

§  451.  Free  passes,  tickets  or  transportation  not  prohibited  during 
prevalence  of  epidemic,  pestilence  or  catastrophe,  when  necessary,  etc. 

The  terms  of  this  act  shall  not  be  construed  as  prohibiting  the  issuance, 
acceptance  or  use  of  free  passes,  tickets  or  transportation  during  the 
prevalence  of  an  epidemic,  pestilence,  or  catastrophe,  when  necessary  to 
afford  relief  or  to  mitigate  the  evil  effects  of  such  calamitous  visitation 
[G.  S.  1915,  §  8625.] 

§  452.  Act  not  to  prohibit  excursion  rates  open  to  the  public  generally, 
reduced  fare  to  ministers  of  the  gospel,  religious,  benevolent  or  charitable 

160 


Ch.  36,  Art.  8] RAILROADS. [§§  452^56 

workers,  inmates  of  soldiers'  homes  and  members  of  G.  A.  B.;  not  to 
affect  rate  for  militia.  The  provisions  of  this  act  shall  not  be  construed 
as  prohibiting  excursion  rates,  open  to  the  public  generally,  reduced  fare 
to  ministers  of  the  gospel  and  those  giving  their  entire  time  to  religious, 
benevolent  or  charitable  work,  or  to  the  inmates  of  soldiers'  homes,  state 
or  national,  including  those  about  to  enter  and  those  returning  home  after 
their  discharge,  and  members  in  good  standing  in  the  Grand  Army  of  the 
Republic:  Provided,  however,  This  act  shall  not  affect  any  rate  now  pro- 
vided by  law  for  the  transportation  of  members  of  the  Kansas  national 
guard.  [G.  S.  1915,  §  8626.] 

§  453.  Device,  subterfuge  or  arrangement  deemed  violation  of  act; 
punishment  of  officer,  agent  or  employee  of  company  and  person  receiving 
concession,  advantage,  reduction  or  rebate.  Any  device,  subterfuge  or 
arrangement  by  which  any  passenger  received  a  concession,  advantage, 
reduction  or  rebate  not  accorded  to  all  other  passengers,  exclusive  of  the 
excepted  classes  hereinbefore  enumerated,  shall  be  deemed  a  violation  of 
this  act,  and  the  officer,  agent  or  employee  of  the  railroad  company  grant- 
ing, or  offering  to  grant  or  give,  and  the  person  soliciting  or  accepting  the 
same,  shall  be  punished  as  provided  in  section  2  for  a  direct  violation  of 
the  provisions  of  this  act,  [G.  S.  1915,  §  8627.] 

§  454.  Repeal  of  acts  in  conflict  herewith.  All  acts  or  parts  of  acts  in 
conflict  with  the  provisions  of  this  act  are  hereby  repealed.  [G.  S.  1915, 
§  8628.] 

ARTICLE  8.— Frogs,  Switches  and  Guard-rails,  Filling,  Etc. 


§•455.    Frogs,     ^witches     and     guard-rails    to 
he    tilled,    blocked    and    guarded. 


§456.  Liability  for  violation  of  preceding 
section  in  addition  to  li  tbHity  to 
person  injured  or  his  legal  repre- 
sentative; misdemeanor :  penalty; 
failure  for  thirty  days  to  comply 
with  act  a  separate  offense. 

LAWS  OF  1907,  CH.  188. 

AN  ACT  requiring  railroad  companies  to  fill,  block  and  guard  frogs,  switches  and  guard- 
rails, for  the  protection  of  its  employees  and  others,  and  providing  penalties  for  the 
violation  thereof. 

§  455.  Frogs,  switches  and  guard-rails  to  be  filled,  blocked  and 
guarded.  In  order  to  guard  against  accidental  injury  to  the  employees 
and  others,  every  railroad  company  operating  a  railroad  in  the  state  of 
Kansas  shall  cause  all  its  frogs,  switches  and  guard-rails  on  its  track  or 
tracks  in  this  state  to  be  filled,  blocked  and  guarded  in  a  practical  manner. 
[G.  S.  1915,  §  8503.] 

§  450.  Liability  for  violation  of  preceding  section  in  addition  to  lia- 
bility to  person  injured  or  his  legal  representative;  misdemeanor; 
penalty;  failure  for  thirty  days  to  comply  with  act  a  separate  offense. 
Any  such  company  violating  section  1,  in  addition  to  its  liability  to  any 
person  injured  or  to  his  legal  representative,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  two  hundred  dollars;  and  any  neglect  or  failure  to 
comply  with  the  provisions  of  this  act  to  fill,  block  or  guard  any  frog, 
switch  or  guard-rails,  as  required  in  section  1  of  this  act,  for  a  period  of 
thirty  days,  shall  constitute  a  separate  offense.  [G.  S.  1915,  §  8504.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  455,  supra. 

11— Labor— 1725. 

161 


§§  457,  458]  RAILROADS.  [Ch.  36,  Art.  10 

ARTICLE  9.— Headlights  on  Locomotives,  Requirements. 


1:57.  Locomotive  engines  to  be  equipped 
with  headlights;  power  of  head- 
light required ;  conditions  under 
which  visibility  measured;  act  not 


§458.  Penalty  for  violation  of  preceding 
section,  or  officer  of  company,  etc., 
permitting  violation  :  acts  con- 
strued complete  misdemeanor. 


to  apply  to  certain  enernes. 

LAWS  OF  1911,  CH.  241. 

AN  ACT  requiring  all  railroad  corporations  or  receivers  or  lost-os  operatine  n  lino  of 
railway  in  the  state  of  Kansas  to  equip  their  locomotive  engines  with  a  headlight,  of  a 
certain  power  or  brilliancy  and  providing  a  penalty  for  a  violation  of  tins  act. 

§457.  Locomotive  engines  to  be  equipped  with  headlights;  power  of 
headlight  required;  conditions  under  which  visibility  measured;  act  not  to 
apply  to  certain  engines.  That  on  and  after  January  1,  1912,  it  shall  be 
the  duty  of  every  company,  corporation,  lessee,  manager,  or  receiver  own- 
ing or  operating  a  railroad  in  the  state  of  Kansas  to  equip  and  maintain 
and  use  upon  each  and  every  locomotive  engine  being  operated  in  road 
service  within  the  state  of  Kansas  a  headlight  of  a  power  that  will  out- 
line the  figure  of  a  man  on  or  adjacent  to  the  track,  plainly  visible  at  a 
distance  of  800  feet,  preceding  the  locomotive.  The  visibility  herein  men- 
tioned is  understood  to  be  measured  by  and  under  ordinary  night  condi- 
tions, and  for  the  normal  sight  of  a  person  having  the  usual  visual  ca- 
pacity required  of  a  locomotive  engineer  at  his  place  in  charge  of  a  moving 
locomotive:  Provided,  That  this  act  shall  not  apply  to  engines  running 
not  more  than  ten  miles  into  the  state  to  complete  their  runs:  And  pro- 
vided further,  That  this  act  shall  not  apply  to  locomotive  engines  used  in 
regular  switching  service:  And  provided  further,  That  this  act  shall  not 
apply  to  locomotive  engines  used  exclusively  between  sun  up  and  sun 
down,  nor  on  engines  going  to  or  returning  from  repair  shops  when  or- 
dered to  such  shops  for  repair.  [G.  S.  1915,  §  8515.] 

Duty  of  trainmen  to  observe  horses,  etc.,  upon  track,  considered.  Emery  v.  Ruihvay  Co.. 
96  K.  769. 

§  458.  Penalty  for  violation  of  preceding  section,  or  officer  of  com- 
pany, etc.,  permitting  violation;  acts  construed  complete  misdemeanor. 

Any  railroad  company  or  the  receiver,  lessee,  manager  or  superintendent 
thereof,  violating  the  provisions  of  section  1  of  this  act,  or  who  permits 
this  act  to  be  violated  when  within  his  official  authority  to  prevent  its  vio- 
lation, shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined 
not  less  than  one  hundred  dollars,  nor  more  than  five  hundred  dollars  for 
each  offense,  and  the  operation  of  one  engine  for  any  part  of  one  day  in 
violation  of  this  act  shall  be  construed  to  be  a  complete  misdemeanor. 
[G.  S.  1915,  §  8516.] 

ARTICLE  10.— Hours  of  Labor.* 


§459.  Unlawful  to  require  or  permit  con- 
ductor, engineer,  fireman,  brake- 
man,  train-dispatcher,  telegraph 
operator  or  trainman  to  continue 
on  duty  more  than  sixteen  con- 
secutive hours ;  eight  hours'  rest ; 
cases  in  which  act  shall  not  ap- 
ply ;  not  applicable  to  employees 
of  sleeping-car  companies,  bag- 
gagemen and  express  messengers. 


§460.  Penalty  for  violation  of  preceding 
section :  action  brought  by  attor- 
ney-general or  prosecuting  attor- 
ney of  proper  county;  complaint 
to  commissioner  of  labor ;  author- 
ity of  commissioner  in  making  in- 
vestigation ;  commissioner  to  file 
complaint  before  county  attorney 
of  proper  county. 


.    *  Federal  act  concerning  hours  of  service  of  railway  employees  engaged  in  interstate 
commerce  : 

"It  shall  be  unlawful  for   any  common   carrier,    its   officers  or  agents,    subject  to   this 
act  to  require  or  permit  any  employee  subject  to  this  act  to  be  or  remain  on  duty  for  a 

162 


Ch.  36,  Art.  10]  RAILROADS.  [§§  459,  460 

§  459.  Unlawful  to  require  or  permit  conductor,  engineer,  fireman, 
brakcman,  train-dispatcher,  telegraph  operator  or  trainman  to  continue 
on  duty  more  than  sixteen  consecutive  hours;  eight  hours'  rest;  cases  in 
which  act  shall  not  apply;  not  applicable  to  employees  of  sleeping-car 
companies,  baggagemen  and  express  messengers.  It  shall  be  unlawful  for 
any  corporation  or  receiver  operating  a  line  of  railroads  [railroad]  in 
whole  or  in  part  in  the  state  of  Kansas,  for  any  officer,  agent  or  repre- 
sentative of  such  corporation  or  receiver,  to  require  or  permit  any  con- 
ductor, engineer,  fireman,  brakeman,  train-dispatcher,  telegraph  operator 
or  any  trainman  who  has  worked  in  his  respective  capacity  for  sixteen 
consecutive  hours,  to  continue  on  duty  or  perform  any  work  for  such 
railroad  until  he  has  had  at  least  eight  hours'  rest:  Provided,  That  this 
act  shall  not  apply  in  case  of  washout,  wrecks,  or  unavoidable  blockades, 
nor  shall  it  be  construed  to  prevent  the  crew  of  a  train  which  contains 
live  stock  or  perishable  freight  in  carload  lots  from  running  to  the  next 
division  point  after  the  expiration  of  the  time  limit  provided  for  in  this 
act:  Provided  further,  That  this  section  shall  not  apply  to  employees 
of  sleeping-car  companies,  baggagemen,  and  express  messengers.  [G.  S. 
1915,  §8588.] 

§  460.  Penalty  for  violation  of  preceding  section ;  action  brought  by 
attorney-general  or  prosecuting  attorney  of  proper  county;  complaint  to 
commissioner  of  labor;  authority  of  commissioner  in  making  investi- 
gation; commissioner  to  file  complaint  before  county  attorney  of  proper 
county.  Any  corporation  or  receiver  operating  a  line  of  railroad  in  whole 
or  in  part  in  this  state  who  shall  knowingly  violate  any  provisions  of  this 
act  shall  be  liable  to  the  state  of  Kansas  for  a  penalty  of  not  less  than  one 
hundred  dollars  nor  more  than  two  hundred  dollars  for  each  offense, 
and  such  penalties  shall  be  recovered  and  suits  thereof  shall  be  brought 
in  the  name  of  the  state  of  Kansas  in  a  court  of  competent  jurisdiction 
in  any  county  in  the  state  into  or  through  which  any  such  railroad  may 
run,  by  the  attorney-general  or  under  his  direction,  or  by  the  prosecuting 
attorney  of  the  proper  county  through  or  into  or  out  of  wnich  trains  may 
be  operated  by  said  company ;  and  upon  complaint  being  made  to  the  com- 
missioner of  labor,  he  is  thereby  authorized  to  investigate  such  com- 
plaint, and  shall  be  empowered  to  examine  the  train-sheets,  registers,  and 
dispatchers'  reports,  and  to  hear  such  other  evidence  as  may  be  offered 
by  officers  or  employees  of  such  railroad  company,  to  determine  whether 
such  complaint  is  well  founded;  and  if  the  complaint  appears  to  be 

longer  period  than  sixteen  consecutive  hours,  and  whenever  any  such  employee  of  such 
common  carrier  shall  have  been  continuously  on  duty  for  sixteen  hours  he  shall  be  relieved 
and  not  required  or  permitted  again  to  go  on  duty  until  he  has  had  at  least  ten  consecu- 
tive hours  off  duty ;  and  no  such  employee  who  has  been  on  duty  sixteen  hours  in  the  ag- 
gregate in  any  twenty-four-hour  period  shall  be  required  or  permitted  to  continue  or  again 
go  on  duty  without  having  had  at  least  eight  consecutive  hours  off  duty :  Provided,  That  no 
operator,  train  dispatcher,  or  other  employee  who  by  the  use  of  the  telegraph  or  telephone 
dispatches,  reports,  transmits,  receives,  or  delivers  orders  pertaining  to  or  affecting  train 
movements  shall  be  required  or  permitted  to  be  or  remain  on  duty  for  a  longer  period  than 
nine  hours  in  any  twenty-four-hour  period  in  all  towers,  offices,  places,  and  stations  con- 
tinuously operated  night  and  day,  nor  for  a  longer  period  than  thirteen  hours  in  all 
towers,  offices,  places,  and  stations  operated  only  during  the  daytime,  except  in  case  of 
emergency,  when  the  employees  named  in  this  proviso  may  be  permitted  to  be  and  remain 
on  duty  for  four  additional  hours  in  a  twenty-four-hour  period  on  not  exceeding  three 
days  in  any  week:  Provided  further,  The  Interstate  Commerce  Commission  may  after  full 
hearing  in  a  particular  case  and  for  good  cause  shown  extend  the  period  within  which  a 
common  carrier  shall  comply  with  the  provisions  of  this  proviso  as  to  such  case." 

The  act  provides  a  penalty  of  "not  less  than  $100  nor  more  than  $500  for  each  and 
every  violation,"  by  "any  such  common  carrier,  or  any  officer  or  agent  thereof,  requiring 
or  permitting  any  employee  to  go,  be,  or  remain  on  duty  in  violation"  of  the  provisions 
of  the  act. 

163 


§§  461,  462] 


RAILROADS. 


[Ch.  36,  Art.  11 


well  founded,  it  shall  be  the  duty  of  said  commissioner  of  labor  to  file 
a  complaint  before  the  county  attorney  of  the  proper  county  through 
which  said  company  may  operate.  [G.  S.  191 5,  §  8589.] 

ARTICLE  11.— Injury  to  or  Death  of  Employee,  Liability  of 
Railroad  Company. 

J463.  Employee  held  not  to  have  assumed 
risk  of  emp'oyment  where  viola- 
tion of  federal  or  state  statute  for 
safety  of  employees  contributed  to 
injury  or  death. 

464.  Contract,    rule,     regulation,    etc.,    to 

evade  provisions  of  act,  void ;  car- 
rier may  set  off  sum  paid  to  in- 
surance, relief,  benefit  or  indem- 
nity of  injured  employee,  etc. 

465.  Right  of  action  under  act  survives  to 

personal  representatives;  only  one 
recovery  for  same  injury. 

466.  Repeal   of    acts    in    conflict    herewith. 


462. 


§461.  Liability  of  railroad  company  to  per- 
son suffering  injury  while  em- 
ployed by  company  or  in  case  of 
death  of  employee;  persons  to 
whom  railroad  held  liable. 
Contributory  negligence  of  employee 
not  a  bar  to  recovery  xinder  this 
act;  damages  diminished  by  jury 
in  proportion  to  negligence  of 
employee;  employee  held  not  to 
have  been  guilty  of  contributory 
negligence  where  railroad  violat- 
ing federal  or  state  statute  for 
safety  of  employees. 


LAWS  OF  1911,  CH.  239. 

AN  ACT  relating  to  the  liability  of  common  carriers  by  railroads  to  their  employees  in  cer- 
tain cases,  and  repealing  all  acts  and  parts  of  acts  so  far  as  the  same  are  in  conflict 
herewith. 

§  461.  Liability  of  railroad  company  to  person  suffering  injury  while 
employed  by  company  or  in  case  of  death  of  employee;  persons  to  whom 
railroad  held  liable.  That  every  company,  corporation,  receiver  or  other 
person  operating  any  railroad  in  this  state  shall  be  liable  in  damages  to 
any  person  suffering  injury  while  he  is  employed  by  such  carrier  oper- 
ating such  railroad  or  in  case  of  the  death  of  such  employee,  to  his  or 
her  personal  representative  for  the  benefit  of  the  surviving  widow  and 
children,  or  husband  and  children,  or  children,  or  mother  or  father  of 
the  deceased,  and  if  none,  then  the  next  of  kin  dependent  upon  such 
employee  for  such  injury  or  death  resulting  in  whole  or  in  part  from 
the  negligence  of  any  of  the  officers,  agents  or  employees  of  such  carrier : 
or  by  reason  of  'any  insufficiency  of  clearance  of  obstructions,  of  strength 
of  roadbed  and  tracks  or  structure,  of  machinery  and  equipment,  of 
lights  and  signals,  or  rules  and  regulations  and  of  number  of  employees 
to  perform  the  particular  duties  with  safety  to  themselves  and  their 
coemployees,  or  of  any  other  insufficiency,  or  by  reason  of  any  defect, 
which  defect  is  due  to  the  negligence  of  said  employer,  its  officers,  agents, 
servants  or  other  employees  in  its  cars,  engines,  motors,  appliances, 
machinery,  track,  roadbed,  boats,  works,  wharves,  or  other  equipment. 
[G.  S.  1915,  §  8480.] 

This  act  not  repealed  or  affected  by  workmen's  compensation  act.     See  §  602,  post. 
"Clearance    of   obstructions,"    defined;    projecting    rail    not    an    obstruction.      Palomino    v. 

Railway  Co.,  91  K.  556. 
Finding  of  negligence  of  coemployee  sufficient  to  sustain  verdict.      Hisle  v.    Railway   Co., 

91  K.  572. 
Refusal  of  instructions  concerning  insufficiencies  referred  to,  held   not  material.     Hisle  v. 

Railway  Co.,  91  K.  572. 

Foreman  not  answerable  for  negligence  of  subforeman.     Hisle  v.   Railway  Co.,  91  K.   572. 
Company  liable  to  brakeman  for  injury  from  negligence  of  engineer.     Rockhold  v    Railwav 

Co.,  97  K.  715. 
Liability   for   injuries  received  by   workman   in   car-repair   shop   controlled   by   factory    act 

(§§  285-292,  ante)  and  not  by  this  act.     Truman  v.  Railroad  Co.,  98  K.  761. 

§  442.  Contributory  negligence  of  employee  not  a  bar  to  recovery 
under  this  act;  damages  diminished  by  jury  in  proportion  to  negligence 
of  employee ;  employee  held  not  to  have  been  guilty  of  contributory  negli- 
gence where  railroad  violating  federal  or  state  statute  for  safety  of  em- 


164 


Ch.  36,  Art.  11]  RAILROADS.  [§§  463-466 

ployees.  That  in  all  actions  hereafter  brought  against  any  such  common 
carrier  by  railroad  under  or  by  virtue  of  any  of  the  provisions  of  this 
act  to  recover  damages  for  personal  injuries  to  an  employee,  or  where 
such  injuries  have  resulted  in  his  death,  the  fact  that  the  employee  may 
have  been  guilty  of  contributory  negligence  shall  not  bar  a  recovery, 
but  the  damages  shall  be  diminished  by  the  jury  in  proportion  to  the 
amount  of  negligence  attributable  to  such  employee:  Provided,  That  no 
employee  who  may  be  injured  or  killed  shall  be  held  to  have  been  guilty 
of  contributory  negligence  in  any  case  where  the  violation  by  such  com- 
mon carrier,  its  officers,  agents,  servants  or  other  employees  of  any 
federal  or  state  statute  enacted  for  the  safety  of  employees  contributed 
to  the  injury  or  death  of  such  employee.  [G.  S.  1915,  §  8481.] 

Contributory    negligence    could    not    wholly    relieve    defendant    from    liability.      Harper    v. 

Railway  Co.,   95  K.  204. 
Contributory   negligence   of   brakeman   considered   only   in   diminution    of   damages.      Rock 

hold  v.   Railway  Co.,   97  K.   715. 
Amount    of   diminution    of    damages    on    account    of    negligence,    considered.      Rockhold    v. 

Railway  Co.,  97  K.  715. 

§  463.  Employee  held  not  to  have  assumed  risk  of  employment  where 
violation  of  federal  or  state  statute  for  safety  of  employees  contributed 
to  injury  or  death.  That  any  action  brought  against  any  common  carrier, 
under  or  by  virtue  of  any  of  the  provisions  of  this  act,  to  recover  dam- 
ages for  injuries  to,  or  the  death  of  any  of  its  employees,  such  em- 
ployee [s]  shall  not  be  held  to  have  assumed  the  risk  of  his  employment 
in  any  case  where  the  violation  by  such  common  carrier,  its  officers, 
agents,  servants,  or  other  employees  of  any  federal  or  state  statute 
enacted  for  the  safety  of  employees  contributed  to  the  injury  or  death 
of  such  employee.  [G.  S.  1915,  §  8482.] 

§  464.  Contract,  rule,  regulation,  etc.,  to  evade  provisions  of  act,  void; 
carrier  may  set  off  sum  paid  to  insurance,  relief,  benefit  or  indemnity  of 
injured  employee,  etc.  That  any  contract,  rule,  regulation  or  device  what- 
soever, the  purpose  or  intent  of  which  shall  be  to  enable  any  common 
carrier  to  exempt  itself  from  any  liability  created  by  this  act,  shall  to 
that  extent  be  void:  Provided,  That  in  any  action  brought  against 
any  common  carrier  under  or  by  virtue  of  any  of  the  provisions  of  this 
act,  such  common  carrier  may  set  off  therein  any  sum  contributed  or 
paid  to  any  insurance,  relief,  benefit,  or  indemnity  that  may  have  been 
paid  to  the  injured  employee  or  the  person  entitled  thereto  on  account  of 
the  injury  or  death  for  which  said  action  was  brought.  [G.  S.  1915, 
§  8483.] 

§  465.  Right  of  action  under  act  survives  to  personal  representatives; 
only  one  recovery  for  same  injury.  That  any  right  of  action  given  by  this 
act  to  a  person  suffering  injury  shall  survive  to  his  or  her  personal 
representatives,  for  the  benefit  of  those  entitled  to  recover  under  this 
act  but  in  such  cases  there  shall  be  only  one  recovery  for  the  same  injury. 
[G.  S.  1915,  §  8484.] 

§  466.  Repeal  of  acts  in  conflict  herewith.  That  all  acts  or  parts  of 
acts  so  far  as  the  same  are  in  conflict  herewith  are  hereby  repealed. 
[G.  S.  1915,  §  8485.] 


165 


§§  467-469]  RAILROADS.  [Ch.  36,  Art.  13 

ARTICLE  12. — Interlocking  or  Automatic  Signals  at  Crossings. 

§467.  Interlocking  or  automatic  signals  where  railroads  cross  each  other  at  common 
grade;  approval  by  board  of  railroad  commissioners;  when  engines  and  trains 
may  pass  over  such  Crossings  without  stopping;  permission  of  commission  to 
install  system  of  interlocking  or  automatic  signals. 

§467.  Interlocking  or  automatic  signals  where  railroads  cross  each 
other  at  common  grade;  approval  by  board  'of  railroad  commissioners; 
when  engines  and  trains  may  pass  over  such  crossings  without  stopping; 
permission  of  commission  to  install  system  of  interlocking  or  automatic 
signals.  When  in  any  case  two  or  more  railroads  crossing  each  other  at 
a  common  grade  shall,  by  a  system  of  interlocking  or  automatic  signals, 
or  by  any  works  or  fixtures  to  be  erected  by  them,  render  it  safe  for 
engines  and  trains  to  pass  over  such  crossings  without  stopping,  and  such 
interlocking  or  automatic  signals  or  works  or  fixtures  shall  be  approved 
by  the  board  of  railroad  commissioners,  then,  in  that  case,  it  is  hereby 
made  lawful  for  the  engines  and  trains  of  such  railroad  or  railroads  to 
pass  over  such  crossing  without  stopping,  any  law  or  the  provisions  of  any 
law  to  the  contrary  notwithstanding;  and  when  two  or  more  railroads 
cross  each  other  at  a  common  grade,  either  of  such  roads  may  apply  to  the 
board  of  railroad  commissioners  for  the  permission  to  introduce  upon  both 
of  said  railroads  some  system  of  interlocking  or  automatic  signals  or 
works  or  fixtures  rendering  it  safe  for  engines  and  trains  to  pass  over 
such  crossings  without  stopping,  and  it  shall  be  the  duty  of  said  board  of 
railroad  commissioners,  if  the  system  of  works  and  fixtures  which  it  is 
proposed  to  erect  by  said  company  are  in  the  opinion  of  the  board  suffi- 
cient and  proper,  to  grant  such  permission.  [G.  S.  1915,  §  8413.] 

"The  board  of  railroad  commissioners,"  mentioned  herein,  has  passed  out  of  exist- 
ence, and  its  powers  have  been  conferred  upon  the  public  utilities  commission.  (G.  S. 
1915,  §§  8327,  8328.) 

ARTICLE  13.— Journal  Brass,  Penalty  for  Removal. 


§469.    Person     violating     preceding     sectio-n 
guilty  of  felony ;   punishment. 


§468.  Unlawful  to  remove  journal  brass 
from  locomotive  engine,  or  tender, 
passenger,  freight,  motor  or  elec- 
tric car ;  exception  as  to  employees. 

LAWS  OF  1917,  CH.  169. 

AN  ACT  to  prevent  the  removal  of  journal  brass  from  any  locomotive  engine,  railroad  or 
interurban  cars  owned  or  operated  by  any  person,  firm  or  corporation  in  the  state  of 
Kansas,  and  providing  a  penalty  for  the  violation  thereof. 

§  468.  Unlawful  to  remove  journal  brass  from  locomotive  engine,  or 
tender,  passenger,  freight,  motor  or  electric  car;  exception  as  to  em- 
ployees. It  is  hereby  declared  unlawful  for  any  person  or  persons  to  re- 
move journal  brass  from  a  locomotive  engine,  or  tender,  passenger, 
freight,  motor  or  electric  car  owned  or  operated  by  any  person,  firm  or 
corporation  in  the  state  of  Kansas,  except  employees  of  such  firm,  person 
or  corporation  in  the  necessary  performance  of  their  duty.  [Laws  1917, 
ch.  169,  §1;  May  26.] 

§  469.  Person  violating  preceding  section  guilty  of  felony ;  punish- 
ment. Any  person  violating  provisions  of  section  1  of  this  act  shall  be 
guilty  of  a  felony  and  punished  by  imprisonment  in  the  penitentiary  for  a 
term  of  not  more  than  five  years  or  less  than  two  years.  [Laws  1917, 
ch.  169,  §2;  May  26.] 


166 


Ch.  36,  Art.  14]  RAILROADS.  [§§  470-473 

ARTICLE  14. — Obstructing  Operation  of  Railroad. 


§47u  Locomotive  engineer  abandoning  lo- 
comotive in  furtherance  of  any 
combination  or  agreement;  pun- 
ishment. 

471.  Impeding  or  obstructing  operation  or 
conduct  of  business  of  railroad 
company,  or  regular  running  of 
trains,  etc.,  by  any  act  or  by 
means  of  intimidation;  punish- 


§472.  Persons  combining  or  conspiring  to 
obstruct  or  impede  operation  and 
conduct  of  business  of  railroad 
company,  or  regular  running  of 
trains;  punishment. 

473.  Preceding  sections  not  applicable  to 
persons  quitting  employment  of 
railroad,  etc.,  except  as  provided 
in  §  470. 


ment. 

LAWS  OF  1879,  CH.  134. 

§  470.  Locomotive  engineer  abandoning  locomotive  in  furtherance  of 
any  combination  or  agreement;  punishment.  If  any  locomotive  engineer, 
in  furtherance  of  any  combination  or  agreement,  shall  willfully  and  mali- 
ciously abandon  his  locomotive,  upon  any  railroad,  at  any  other  point  than 
the  regular  schedule  destination  of  such  locomotive,  he  shall  be  fined  not 
less  than  twenty  dollars  nor  more  than  one  hundred  dollars,  and  confined 
not  less  than  twenty  days  nor  more  than  ninety  days  in  the  county  jail. 
[G.  S.  1915,  §  3755.] 

§  471.  Impeding  or  obstructing  operation  or  conduct  of  business  of 
railroad  company,  or  regular  running  of  trains,  etc.,  by  any  act  or  by 
means  of  intimidation;  punishment.  If  any  person  or  persons  shall  will- 
fully and  maliciously  by  any  act  or  by  means  of  intimidation,  impede  or 
obstruct,  except  by  due  process  of  law,  the  regular  operation  and  conduct 
of  the  business  of  any  railroad  company,  or  other  corporation,  firm  or  in- 
dividual in  this  state,  or  of  the  regular  running  of  any  locomotive  engine, 
freight  or  passenger  train  of  any  such  company,  or  the  labor  and  busi- 
ness of  any  such  corporation,  firm  or  individual,  he  or  they  shall  on  con- 
viction thereof  be  punished  by  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  two  hundred  dollars,  and  confined  in  the  county  jail  not  less 
than  twenty  days  nor  more  than  ninety  days.  [G.  S.  1915,  §  3756.] 

§  472.  Persons  combining  or  conspiring  to  obstruct  or  impede  oper- 
ation and  conduct  of  business  of  railroad  company,  or  regular  running  of 
trains;  punishment.  If  two  or  more  persons  shall  willfully  and  mali- 
ciously combine  or  conspire  together  to  obstruct  or  impede  by  any  act,  or 
by  means  of  intimidation,  the  regular  operation  and  conduct  of  the  busi- 
ness of  any  railroad  company,  or  any  other  corporation,  firm  or  individual 
in  this  state,  or  to  obstruct,  hinder  or  impede,  except  by  due  process  of 
law,  the  regular  running  of  any  locomotive  engine,  freight  or  passenger 
train  on  any  railroad,  or  the  labor  or  business  of  any  such  corporation, 
firm  or  individual,  such  person  shall  on  conviction  thereof  be  punished  by 
a  fine  not  less  than  twenty  dollars  nor  more  than  two  hundred  dollars, 
and  confined  in  the  county  jail  not  less  than  twenty  days  nor  more  than 
ninety  days.  [G.  S.  1915,  §  3757.] 

§  473.  Preceding  sections  not  applicable  to  persons  quitting  employ- 
ment of  railroad,  etc.,  except  as  provided  in  §  470.  This  act  shall  not  be 
construed  to  apply  to  cases  of  persons  voluntarily  quitting  the  employ- 
ment of  the  railroad  company,  or  such  other  corporation,  firm  or  individ- 
ual, whether  by  concert  of  action  or  otherwise,  except  as  is  provided  in 
section  one  of  this  act.  [G.  S.  1915,  §  3758.] 

"Section  one  of  this  act,"  mentioned  herein,  is  §  470,  supra. 


167 


§§  474-476]  RAILROADS.  [Ch.  36,  Art.  15 

ARTICLE  15. — Passengers  on  Freight  Trains. 


§474.  Freight  trains  to  which  caboose  at- 
tached obliged  to  transport  pas- 
sengers; transportation  of  chil- 
dren; not  required  to  stop  at 
other  points  to  receive  or  dis- 
charge passengers ;  not  necessary 
to  stop  caboose  at  depot;  liability 


of   company;   act   not  applicable  to 


certain   trains. 


§475.   Officer   or  employee  of  railroad   com- 
pany   violating    provisions    of    pre- 
ceding    section     guilty     of     misde- 
meanor :    punishment. 
476.   Repeal  of  Laws  of   1907.   oh.   274. 


LAWS  OF  1909,  CH.  190. 

AN  ACT  requiring  freight  trains  to  which  a  caboose  is  attached  to  transport  and  carry 
passengers,  and  providing  penalties  for  the  violation  thereof,  and  repealing  chapter 
274  of  the  Laws  of  1907. 

§  474.  Freight  trains  to  which  caboose  attached  obliged  to  transport 
passengers;  transportation  of  children;  not  required  to  stop  at  other 
points  to  receive  or  discharge  passengers;  not  necessary  to  stop  caboose 
at  depot;  liability  of  company;  act  not  applicable  to  certain  trains.  That 
all  freight  trains  to  which  a  caboose  is  attached  shall  be  obliged  to  trans- 
port, upon  the  same  terms  and  conditions  as  passenger  trains,  all  passen- 
gers who  desire  to  travel  thereon  and  who  are  above  the  age  of  fifteen 
years,  or  who,  if  under  fifteen  years,  are  accompanied  by  a  parent  or 
guardian  or  other  competent  person,  but  no  freight  train  shall  be  re- 
quired to  stop  to  receive  or  discharge  any  passenger  at  any  other  point 
other  than  where  such  freight  train  may  stop ;  nor  shall  it  be  necessary  to 
stop  the  caboose  of  such  trains  at  the  depot  to  receive  and  discharge  pas- 
sengers :  Provided,  That  on  such  trains  the  railroad  companies  shall  only 
be  liable  for  their  gross  negligence:  And  provided  further,  That  this  act 
shall  not  be  construed  to  apply  to  freight  trains  on  main  lines,  the  most  of 
which  train  shall  be  composed  of  cars  loaded  with  live  stock.  [G.  S.  1915, 
§  8536.] 

Limitation   of  liability;    carrier  liable  for  gross   negligence   onlv.      Jones   v.   Railway   Co., 

98  K.  133. 
Cases  construing  former  act  containing  similar  provisions: 

Passengers   have   absolute   right   to   ride  upon   freight   trains.      Davis   v.    Railway    Co., 

81  K.  505. 
Railroad  cannot  require  different  release  than  prescribed  by  statute.     Davis  v.  Railway 

Co.,  81  K.  505. 

Release  required  of  passenger;  mixed  train  not  a  freight  train.     Schwartz  v.  Railway 
Co.,  83  K.  30. 

§475.  Officer  or  employee  of  railroad  company  violating  provisions 
of  preceding  section  guilty  of  misdemeanor;  punishment.  Any  officer  or 
employee  of  such  railroad  company  who  shall  violate  any  of  the  provi- 
sions or  conditions  of  section  1  of  this  act  shall  upon  conviction  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  any  sum  not  less  than  ten 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  less  than  five  nor  more  than  thirty  days,  or  by  both  such  fine  and 
imprisonment.  [G.  S.  1915,  §  8537.] 

§  476.  Repeal  of  Laws  of  1907,  ch.  274.  That  chapter  274  of  the  Laws 
of  1907  be  repealed.  [G.  S.  1915,  §  8538.] 


168 


Ch.  36,  Art.  17] 


RAILROADS. 


477-480 


ARTICLE  16.— Pilot  for  Detoured  Trains. 


§4"8.  Violation  of  preceding  section 
deemed  a  misdemeanor;  punish- 
ment. 


§477.  Pilot  to  be  furnished  for  trains  de- 
toured  over  tracks  from  any  other 
railroad;  qualifications  of  such 
pilot. 

LAWS  OF  1913,  CH.  254. 

AN  ACT  to  require  railroad  companies  to  furnish  a  competent  pilot  for  detoured  trains 
and  prescribing  penalties  for  the  violation  thereof. 

§  477.  Pilot  to  be  furnished  for  trains  detoured  over  tracks  from  any 
other  railroad;  qualifications  of  such  pilot.  That  any  person,  firm  or  cor- 
poration owning  or  operating  any  railroad  in  whole  or  in  part  in  the  state 
of  Kansas,  whether  operated  by  steam,  electricity  or  other  power,  must 
furnish  to  any  train  detoured  over  their  tracks  from  any  other  railroad,  a 
competent  pilot  who  is  familiar  with  the  rules  and  regulations  of  such 
person,  firm  or  corporation  and  who  shall  know  the  physical  condition  of 
the  road  over  which  said  train  is  detoured.  [G.  S.  1915,  §  8539.] 

§478.  Violation  of  preceding  section  deemed  a  misdemeanor;  punish- 
ment. Any  violation  of  any  provision  of  section  1  of  this  act  by  any 
person,  firm  or  corporation  shall  be  deemed  a  misdemeanor  and  shall  be 
punished  by  a  fine  of  not  less  than  one  ($100)  dollars  nor  more  than  five 
($500)  dollars  for  each  offense.  [G.  S.  1915,  §  8540.] 

ARTICLE  17. — Shelter  for  Laborers  Constructing  or  Repairing 

Equipment. 


?480.  Penalty  for  failure  of  any  corpora- 
tion, manager,  superintendent, 
foreman,  etc.,  to  comply  with  pro- 
visions of  preceding  section  after 
1st  clay  of  September,  1907. 


§479.  Unlawful  to  build  or  repair  railroad 
equipment  at  division  points 
where  shops  maintained  without 
providing  sheds  that  may  be  en- 
closed over  tracks  used  exclusively 
for  repair  work ;  temporary  re- 
pairs at  other  places. 

LAWS  OF  1907,  CH.  283,  AS  AMENDED  BY  LAWS  OF  1913,  CH.  256. 

t 

AN  ACT  providing  for  protection  of  mechanics,  laborers  and  other  persons  in  construction 
and  repair  of  railway  equipment,   and  providing  punishment  for  violation  thereof. 

§  470.  Unlawful  to  build  or  repair  railroad  equipment  at  division 
points  where  shops  maintained  without  providing  sheds  that  may  be  en- 
closed over  tracks  used  exclusively  for  repair  work;  temporary  repairs  at 
other  places.  It  shall  be  unlawful  for  any  railroad  company  or  corporation 
or  other  persons  who  own,  control  or  operate  any  line  of  railroad  in  the 
state  of  Kansas  to  build  or  repair  railroad  equipment  at  division  points 
where  shops  are  located  without  providing  sheds,  so  constructed  that  they 
may  be  entirely  enclosed,  over  the  tracks  exclusively  used  for  such  re- 
pair work,  so  that  all  men  permanently  employed  for  such  repairs  may 
be  protected  during  storms  or  other  inclement  weather  or  from  extreme 
heat:  Provided,  Nothing  in  this  act  shall  relate  to  temporary  repairs 
made  at  places  other  than  regular  shops.  [G.  S.  1915,  §  8545.] 

§  480.  Penalty  for  failure  of  any  corporation,  manager,  superintend- 
ent, foreman,  etc.,  to  comply  with  provisions  of  preceding  section  after 
1st  day  of  September,  1907.  Every  corporation,  person  or  persons,  man- 
ager, superintendent  or  foreman  of  any  company,  corporation,  person  or 
persons,  who  shall  fail  or  refuse  to  comply  with  the  provisions  of  this 
act  after  the  first  day  of  September,  1907,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each  of- 
fense. [G.  S.  1915,  §  8546.] 


§§  481-483] 


RAILROADS. 


[Ch.  36,  Art.  19 


ARTICLE  18.— Street  Railway,  etc.,  Across  Tracks  of  Railroad.* 


§481.  Crossing  of  railroad  track  by  cars 
operated  by  electricity  or  overhead 
wires ;  height  of  wires  above  top 
of  rails  of  railroad  track. 


§482.  Street-railway  company  to  bring 
cars  to  full  stop  before  crossing- 
tracks  of  railroad  company,  unless 
flagman  kept  at  crossing;  place  of 
making  stop. 


LAWS  OF  1903,  CH.  488. 

AN  ACT  to  regulate  the  construction  and  maintenance  of  trolley  and  electric  wires  over 
railway  tracks,  and  the  operation  of  street  cars  over  railway  tracks. 

§  481.  Crossing  of  railroad  track  by  cars  operated  by  electricity  or 
overhead  wires;  height  of  wires  above  top  of  rails  of  railroad  track.  All 

street-railway  companies  or  corporations  operating  cars  by  electricity  or 
by  overhead  wires  shall  construct  and  maintain  its  wires  at  a  height  of 
not  less  than  twenty-one  feet  above  the  top  of  the  rail  of  the  railroad 
track  crossed  by  such  street-railway  company.  [G.  S.  1915,  §  8698.] 

§  482.  Street-railway  company  to  bring  cars  to  full  stop  before  cross- 
ing tracks  of  railroad  company,  unless  flagman  kept  at  crossing;  place  of 
making  stop.  It  shall  be  the  duty  of  every  street-railway  company  or 
corporation  operating  a  street  railway  across  the  tracks  of  a  railroad 
company  to  bring  its  cars  to  a  full  stop  at  least  ten  and  not  more  than 
twenty  feet  before  reaching  the  tracks  of  the  railroad  company,  unless  a 
flagman  is  kept  at  said  crossing.  [G.  S.  1915,  §  8699.] 

ARTICLE  19.— Switch  Lights  and  Lights  Controlling  Movements 

of  Trains. 

§483.  Switch  lights  to  be  equipped  and 
maintained  on  all  main  line 
switch  stands ;  exception  where 
automatic  block  signals  answer 
purpose  of  switch  lights;  lights 
controlling  movements  of  trains 
to  be  kept  burning  from  sunset  to 
sunrise;  act  not  to  apply  in  cer- 
tain cases. 


J484.  Penalty  for  violation  of  any  pro- 
vision of  this  act. 

485.  Person  manipulating  or  tampering 
with  switch  stand,  target,  lights, 
etc.,  for  purpose  of  misleading 
train  crews  guilty  of  misdemeanor ; 
punishment ;  felony  where  death 
or  great  bodily  injury  results; 
punishment. 


LAWS  OF  1913,  CH.  253. 

AN  ACT  relating  to  switch  lights  and  light  controlling  the  movements  of  trains  on  rail- 
roads,  and  prescribing  penalties  for  the  violation  thereof. 

§  483.  Switch  lights  to  be  equipped  and  maintained  on  all  main  line 
switch  stands;  exception  where  automatic  block  signals  answer  purpose 
of  switch  lights;  lights  controlling  movements  of  trains  to  be  kept  burn- 
ing from  sunset  to  sunrise;  act  not  to  apply  in  certain  cases.  It  shall  be 
the  duty  of  any  person,  firm  or  corporation  or  receiver,  owning  or  oper- 
ating any  railroad  in  whole  or  in  part,  in  the  state  of  Kansas,  to  equip 
and  maintain  in  good  condition,  switch  lights  on  all  main  line  switch 
stands,  except  where  automatic  block  signals  are  used  and  where  such 
automatic  block  signals  are  so  located  as  to  answer  the  purpose  of  switch 
lights,  and  to  keep  all  lights  controlling  the  movements  of  trains  on  the 
main  line  burning  from  sunset  to  sunrise:  Provided,  This  act  shall  not 
apply  to  branch  lines,  where  trains  are  not  regularly  operated  at  night, 
or  in  cases  where  the  lights  have  been  properly  lit,  but  have  failed  for 
causes  beyond  the  control  of  the  company,  and  it  has  not  had  reasonable 
time  to  relight  them.  [G.  S.  1915,  §  8572.] 

*  Concerning  stringing  of  wires  across  railroad  tracks,  see  art.  21    (§§  489-491,  post). 
For  other  provisions  relating  to  the  operation  of  street  railways  and  interurban  lines, 
see  ch.  38  (§§  504-507,  post). 


170 


Ch.  36,  Art.  20]  RAILROADS.  [§§  484-487 

§  484.  Penalty  for  violation  of  any  provision  of  this  act.  That  any 
person,  firm  or  corporation  or  receiver  owning  or  operating  any  railroad 
in  whole  or  in  part  in  the  state  of  Kansas,  violating  any  provision  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor  and  fined  in  the  sum  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  for  each 
offense.  [G.  S.  1915,  §  8573.] 

§  485.  Person  manipulating  or  tampering  with  switch  stand,  target, 
lights,  etc.,  for  purpose  of  misleading  train  crews  guilty  of  misdemeanor; 
punishment;  felony  where  death  or  great  bodily  injury  results;  punish- 
ment. That  any  person  who  shall  manipulate  or  tamper  with  any  switch 
stand,  target,  switch  light  or  light  controlling  the  movement  of  trains, 
for  the  purpose  of  misleading  or  deceiving  engineers,  firemen  or  train 
crews  shall  be  deemed  guilty  of  a  misdemeanor  and  fined  in  a  sum  not 
less  than  three  hundred  dollars  and  not  to  exceed  one  thousand  dollars: 
Provided,  That  in  case  an  unlawful  act  shall  result  in  causing  death  or 
great  bodily  injury  to  any  person  or  persons  it  shall  be  deemed  a  felony 
and  shall  be  punishable  by  imprisonment  at  hard  labor  in  the  state  peni- 
tentiary for  a  period  not  less  than  one  year  nor  more  than  twenty-five 
years.  [G.  S.  1915,  §  8574.] 

ARTICLE  20.— Way  Cars  or  Cabooses,  Size  and  Construction. 

§488.  Corporation  or  person  violating  act 
deemed  guilty  of  misdemeanor ; 
penalty ;  recovery  of  penalty  in 
suit  or  suits  brought  by  attorney- 
general  ;  duty  of  attorney-general 
to  bring  suit. 


i486.  Corporations  and  persons  to  which 
act  shall  apply. 

487.  Specifications  for  way  cars  or  ca- 
booses which  shall  be  purchased, 
built  or  rebuilt  for  use  within  the 
state  of  Kansas;  act  not  appli- 
cable to  passenger  or  combination 
passenger  and  baggage  cars. 


LAWS  OF  1917,  CH.  261. 

AN  ACT  to  promote  the  safety  of  travelers  and  to  protect  the  lives  and  limbs  of  railroad 
employees  by  regulating  the  size  and  construction  of  cars  commonly  called  way  cars  or 
cabooses,  and  prescribing  penalties  for  the  violation  thereof. 

§  486.  Corporations  and  persons  to  which  act  shall  apply.  That  the 
provisions  of  this  act  shall  apply  to  any  corporation  or  any  person  or  per- 
sons while  engaged  as  common  carriers  in  the  transportation  by  railroad 
of  passengers  or  property  within  the  state,  to  which  the  regulative  power 
of  this  state  demands.  [Laws  1917,  ch.  261,  §  1 ;  May  26.] 

§487.  Specifications  for  way  cars  or  cabooses  which  shall  be  pur- 
chased, built  or  rebuilt  for  use  within  the  state  of  Kansas;  act  not  appli- 
cable to  passenger  or  combination  passenger  and  baggage  cars.  That 
hereafter  when  any  corporation  or  any  person  or  persons  engaged  as 
common  carriers  in  the  transportation  by  railroad  of  passengers  or  prop- 
erty within  this  state  shall  purchase  new  way  cars  or  cabooses,  or  shall 
build  new  way  cars  or  cabooses,  or  shall  rebuild  new  way  cars  or  cabooses, 
now  in  service  within  the  state  of  Kansas,  the  same  shall  be  constructed 
as  follows:  Such  way  cars  or  cabooses  shall  be  at  least  twenty-four  feet 
in  length,  exclusive  of  end  platforms,  and  equipped  with  two  trucks  of 
not  less  than  four  wheels  each,  and  shall  be  provided  with  metal  center 
channel  sills  or  steel  underframe,  or  shall  be  of  the  constructive  strength 
equal  to  that  of  a  thirty-ton  capacity  freight  car,  and  shall  be  provided 
with  a  door  in  each  end  thereof,  and  an  outside  platform  across  each  end 
of  said  car;  each  platform  shall  not  be  less  than  twenty  inches  in  width, 
and  shall  be  equipped  with  proper  guard  rails  and  grab  irons  and  steps. 

171 


§§  488, 489]  RAILROADS.  •  [Ch.  36,  Art.  21 

The  steps  shall  be  equipped  with  a  suitable  rod,  board  or  other  guard  at 
each  end,  and  at  the  back  thereof.  The  caboose  shall  not  be  less  than 
eleven  feet  in  height  from  the  rail,  with  cupola  and  necessary  closets  and 
windows:  Provided,  This  and  following  sections  shall  not  apply  where 
such  car  so  used  for  a  way  car  or  caboose  car  is  a  passenger  car  or  a  com- 
bination passenger  and  baggage  car.  [Laws  1917,  ch.  261,  §  2;  May  26.] 
§  488.  Corporation  or  person  violating  act  deemed  guilty  of  misde- 
meanor; penalty;  recovery  of  penalty  in  suit  or  suits  brought  by  attor- 
ney-general; duty  of  attorney-general  to  bring  suit.  Any  corporation  or 
any  person  or  persons  engaged  as  common  carriers  in  the  transportation 
of  passengers  or  property  violating  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
fined  not  less  than  one  hundred  dollars  or  more  than  three  hundred  dol- 
lars for  each  offense,  to  be  recovered  by  a  suit  or  suits  brought  by  the 
attorney-general  of  the  state,  and  it  shall  be  the  duty  of  the  attorney- 
general  to  bring  such  suit  upon  information  being  lodged  with  him  upon 
such  violation  having  occurred.  [Laws  1917,  ch.  261,  §  3;  May  26.] 

ARTICLE  21.— Wires  Crossing  Tracks  of  Railroad.* 


§489.  Rules  and  regulations  for  stringing 
of  wires  for  transmission  of  tele- 
graph or  telephone  messages  or 
for  transmission  of  electricity ;  in- 
terference with  wires  of  other 
utility ;  duty  of  public  utilities 
commission ;  stringing  of  wires 
which  cross  over  or  under  tracks 
of  railroad  company ;  minimum 


height  of  such  wires  from  the  tops 
of  the  rails. 

J490.  Complaint  to  public  utilities  com- 
mission by  interested  parties  that 
rules  and  regulations  are  being 
violated,  etc. ;  investigation  by 
commission ;  order  for  placing  of 
wires,  etc. 

491.   Sections  repealed  by  this  act. 


LAWS  OF  1917,  CH.  252. 

AN  ACT  relating  to  the  stringing  of  wires  along  and  across  highways  and  at  railroad 
crossings,  giving  the  public  utilities  commission  certain  power  thereover,  and  repealing 
sections  833,  8450  ^and  8451  of  the  General  Statutes  of  1915,  and  all  acts  and  parts 
of  acts  in  conflict  herewith. 

§  489.  Rules  and  regulations  for  stringing  of  wires  for  transmission 
of  telegraph  or  telephone  messages  or  for  transmission  of  electricity ;  in- 
terference with  wires  of  other  utility;  duty  of  public  utilities  commis- 
sion ;  stringing  of  wires  which  cross  over  or  under  tracks  of  railroad  com- 
pany ;  minimum  height  of  such  wires  from  the  tops  of  the  rails.  All  public 
utilities  owning  or  operating  wires  for  the  transmission  of  telegraph  or 
telephone  messages  or  for  the  transmission  of  electricity  upon,  along,  or 
across  the  streets,  highways  or  public  places  in  this  state  are  required  to 
so  use,  string  and  maintain  such  wires  as  to  avoid  unreasonable  injury  or 
interference  from  the  wires  of  other  utilities  and  to  avoid  unreasonable 
injury  to  and  interference  with  the  wires  of  other  utilities,  and  the  public 
utilities  commission  is  given  the  power,  and  it  is  hereby  made  its  duty, 
to  prescribe  reasonable  rules  and  regulations  with  respect  to  the  string- 
ing and  maintaining  of  wires  in  all  cases  where  there  is  danger  or 
possibility  of  unreasonable  interference  with  or  damage  to  the  wires  or 
service  of  one  utility  by  those  of  another  utility  and  with  respect  to  the 
support,  maintenance,  repair  and  reconstruction  thereof,  which  rules 
shall  be  furnished  to  any  interested  person  upon  application  to  the  public 
utilities  commission,  and  the  public  utilities  commission  is  given  the 
power,  and  it  is  hereby  made  its  duty  to  prescribe  reasonable  rules  and 

*  For  other  act  concerning  construction  and  maintenance  of  trolley  and  electric  wires 
over  railway  tracks,  see  art.  18  (§§  481,  482,  ante). 

172 


Ch.  37] 


SMALL  DEBTORS'  COURTS. 


[§§  490-492 


regulations  with  respect  to  the  stringing  of  wires,  electric  or  otherwise, 
which  cross  over  or  under  the  tracks  of  any  railroad  company  and  with 
respect  to  the  support,  maintenance,  repair  and  reconstruction  thereof, 
which  rules  shall  be  furnished  to  any  interested  person  upon  application; 
but  in  no  case  shall  the  height  of  any  wires  which  cross  above  the  tracks 
of  a  railway  company  be  less  than  twenty-five  feet  from  the  top  of  the 
rails,  except  trolley  and  feed  wires  of  electric  railroads,  which  wires 
shall  be  not  less  than  twenty-two  feet  above  the  tops  of  the  rails.  [Laws 
1917,  ch.  252,  §  1;  March  13.] 

§  490.  Complaint  to  public  utilities  commission  by  interested  parties 
that  rules  and  regulations  are  being  violated,  etc.;  investigation  by  com- 
mission; order  for  placing  of  wires,  etc.  If  complaint  shall  be  made  to 
the  public  utilities  commission  by  any  interested  parties  that  any  such 
wires  are  not  properly  placed  or  not  securely  supported,  or  that  the  rules 
and  regulations  of  the  public  utilities  commission  with  respect  thereto  are 
being  violated,  it  shall  be  the  duty  of  the  public  utilities  commission  to 
cause  an  investigation  of  such  complaint  to  be  made,  and  if  it  finds  the 
complaint  to  be  true,  to  make  the  necessary  orders  for  the  placing  of  such 
wires  and  the  support  thereof.  [Laws  1917,  ch.  252,  §  2;  March  13.] 

§  491.  Sections  repealed  by  this  act.  Sections  833,  8450  and  8451  of 
the  General  Statutes  of  1915,  and  all  acts  and  parts  of  acts  in  conflict 
herewith,  are  hereby  repealed.  [Laws  1917,  ch.  252,  §  3;  March  13.] 


CHAPTER  37.— SMALL  DEBTORS'  COURTS. 


§492.  Small  debtors'  court;  need  for  estab- 
lishment ;  purpose  of  court ;  estab- 
lishment by  county  commissioners 
or  mayor  and  council  or  city  com- 
mission of  city  ;  resolution  or  ordi- 
nance ;  appointment  of  judge  of 
such  court. 

493.  Person     who     shall    be    selected     as 

judge;  term  of  office;  city  or 
county  to  furnish  stationery,  post- 
age, a  docket  and  a  telephone. 

494.  Where   judge   shall   hold   court. 

495.  Jurisdiction   of   small  debtors'    court : 

jurisdiction  where  court  estab- 
lished in  county  and  in  city  in 
same  county. 

496.  Showing  to  be  made  by  plaintiff  be- 

fore judge  shall  entertain  suit ;  in- 
ability to  employ  a  lawyer  and 
invoke  jurisdiction  of  other 
courts. 

497.  Commencement      of      suit:      plaintiff 

must  appear  in  person  and  state 
cause  orally :  docket  entry :  how 
defendant  may  be  summoned; 
hearing:  judgment;  no  costs  as- 
sessed or  charged. 

498.  Defendant   shall  pay   judgment  forth- 

with or  upon  terms  decreed  by 
judge. 


§499.  Judgment  conclusive  on  plaintiff; 
defendant  may  appeal;  attorney's 
fee  allowed  when  case  decided 
against  defendant  in  district  court ; 
form  of  appeal;  bond  or  deposit 
on  appeal;  appeal  tried  in  dis- 
trict court  without  pleadings. 

500.  When    defendant    fails    to    pay    judg- 

ment or  appeal,  judge  shall  cer- 
tify judgment  to  clerk  of  district 
court ;  form  of  certificate ;  duty  of 
clerk  of  district  court  to  enter 
judgment  on  judgment  record; 
execution  on  such  judgment. 

501.  Judge    of    small    debtors'     court    to 

serve  without  pay :  no  attorney  at 
law  or  other  person  than  plaintiff 
and  defendant  allowed  to  concern 
himself  with  the  litigation  in  the 
small  debtors'  court :  judge  may 
informally  consult  witnesses,  etc., 
and  give  judgment. 

502.  Judge  shall  not  entertain  case  when 

he  believes  plain! iff  could  without 
serious  financial  '  embarrassment, 
resort  to  other  courts  provided  by 
law. 

503.  Act   supplemental   to    existing   legisla- 

tion. 


LAWS  OF  1913,  CH.  170. 

AN  ACT  providing  for  the  creation  of   small  debtors'   courts,    and   defining  their  powers, 
jurisdiction  and  procedure. 

§  492.  Small  debtors'  court;  need  for  establishment;  purpose  of  court; 
establishment  by  county  commissioners  or  mayor  and  council  or  city  com- 
mission of  city;  resolution  or  ordinance;  appointment  of  judge  of  such 

173 


§§  493-497]  SMALL  DEBTORS'  COURTS.  [Ch.  37 

court.  That  whenever  it  is  made  to  appear  to  the  satisfaction  of  any 
board  of  county  commissioners,  or  to  the  mayor  and  council  or  city  com- 
mission of  any  city,  that  there  is  need  for  the  establishment  of  a  small 
debtors'  court  in  such  county  or  city  for  the  administration  of  justice 
concerning  the  collection  of  small  sums  for  wages,  work  or  labor,  or  other 
small  debts,  such  board  of  county  commissioners  may  establish  a  small 
'debtors'  court  of  the  county,  and  the  mayor  and  council  or  city  commis- 
sion may  establish  a  small  debtors'  court  of  such  city,  by  resolution  of 
the  board  of  county  commissioners  or  by  ordinance  of  such  city;  and  such 
small  debtors'  court  shall  be  under  the  jurisdiction  of  a  judge  of  such 
small  debtors'  court.  The  board  of  county  commissioners  shall  appoint 
the  judge  of  the  small  debtors',  court  of  the  county,  the  mayor  of  any  city, 
by  and  with  the  consent  of  the  city  council,  or  city  commission,  shall  ap- 
point the  judge  of  the  small  debtors'  court  of  such  city.  [G.  S.  1915, 
§  3316.] 

§  493.  Person  who  shall  be  selected  as  judge;  term  of  office;  city  or 
county  to  furnish  stationery,  postage,  a  docket  and  a  telephone.  It  shall 
be  the  duty  of  the  appointing  power — the  board  of  county  commissioners 
or  the  mayor — to  select  as  judge  of  such  small  debtors'  court  some  reputa- 
ble resident  citizen  of  approved  integrity  who  is  sympathetically  inclined 
to  consider  the  situation  of  the  poor,  friendless,  and  misfortunate,  and  he 
shall  hold  his  office  during  the  pleasure  of  the  appointing  power  for  a 
term  not  exceeding  four  years,  and  until  his  successor  is  appointed  and 
qualified.  And  it  shall  be  the.  duty  of  the  appointing  power  to  provide 
the  judge  of  the  debtors'  court  with  stationery,  postage,  a  docket,  and  a 
telephone.  [G.  S.  1915,  §  3317.] 

§  494.  Where  judge  shall  hold  court.  The  judge  of  the  small  debtors' 
court  may  hold  his  court  in  his  own  home,  -or  in  his  own  office  or  place 
of  business,  or  at  some  place  provided  by  the  power  appointing  him. 
[G.  S.  1915,  §  3318.] 

§  495.  Jurisdiction  of  small  debtors'  court;  jurisdiction  where  court 
established  in  county  and  in  city  in  same  county.  The  judge  of  the  small 
debtors'  court  shall  have  jurisdiction  of  all  small  debts  and  accounts,  not 
exceeding  twenty  dollars,  but  only  in  cases  where  the  defendant  resides 
in  his  jurisdiction;  and  the  jurisdiction  of  the  county  debtors'  court  shall 
be  coextensive  with  the  county,  but  the  small  debtors'  court  of  the  county 
shall  not  have  jurisdiction  in  any  city  where  there  is  a  small  debtors' 
court  established  in  such  city;  and  the  judge  of  the  small  debtors'  court 
of  the  city  shall  have  jurisdiction  coextensive  with  his  city.  [G.  S.  1915, 
§  3319.] 

§  49G.  Showing  to  be  made  by  plaintiff  before  judge  shall  entertain 
suit;  inability  to  employ  a  lawyer  and  invoke  jurisdiction  of  other  courts. 
Before  the  judge  of  the  small  debtors'  court  shall  entertain  any  suit,  the 
plaintiff  must  show  to  the  satisfaction  of  the  court  that  his  financial 
means  are  so  limited  that  he  cannot  with  justice  to  himself,  or  to  those 
dependent  upon  him,  employ  a  lawyer  and  invoke  the  jurisdiction  of  any 
of  the  other  courts  provided  by  law.  [G.  S.  1915,  §  3320.] 

§497.  Commencement  of  suit;  plaintiff  must  appear  in  person  and 
state  cause  orally;  docket  entry;  how  defendant  may  be  summoned;  hear- 
ing; judgment;  no  costs  assessed  or  charged.  Before  entertaining  any 
suit  in  such  small  debtors'  court,  the  plaintiff  must  appear  before  the 
judge  of  the  small  debtors'  court  personally,  except  in  cases  of  sickness 

174 


Ch.  37]  SMALL  DEBTORS'  COURTS.  [§§  498-500 

or  physical  disability,  and  state  his  cause  oraUy,  and  if  the  judge  of  the 
small  debtors'  court  believes  that  the  plaintiff  has  a  cause  of  action  he 
shall  docket  the  same  by  an  entry  in  his  docket,  and  shall  summon  the 
defendant  orally,  or  by  United  States  mail,  or  by  telephone,  and  try  the 
cause  considerately  and  summarily  and  give  judgment  thereon.  But  no 
costs  shall  be  assessed  or  charged  to  either  party.  [G.  S.  1915,  §  3321.] 

§  498.  Defendant  shall  pay  judgment  forthwith  or  upon  terms  decreed 
by  judge.  If  the  judgment  be  against  the  defendant,  it  shall  be  his  duty 
to  pay  the  same  forthwith,  or  upon  such  terms  as  the  judge  of  said  court 
shall  decree.  [  G.  S.  1915,  §  3322.] 

§  499.  Judgment  conclusive  on  plaintiff;  defendant  may  appeal;  attor- 
ney's fee  allowed  when  case  decided  against  defendant  in  district  court; 
form  of  appeal;  bond  or  deposit  on  appeal;  appeal  tried  in  district  court 
without  pleadings.  The  judgment  of  said  court  shall  be  conclusive  upon 
the  plaintiff.  If  the  defendant  is  dissatisfied,  he  may  appeal  to  the  dis- 
trict court,  and  if  final  judgment  is  rendered  against  him  in  the  dis- 
trict court,  then  he  shall  pay  in  addition  to  the  judgment  an  attorney's 
fee  to  the  plaintiff  in  the  sum  of  fifteen  dollars.  The  defendant's  appeal 
may  be  in  the  following  terms : 

"!N  THE  DISTRICT  COURT  OF  '—  COUNTY,  KANSAS. 

"Comes  now  -       — ,  a  citizen  of  -         —  county.  Kansas,  and  ap- 
peals from  a  decision  of  the  small  debtors'  court  of  the  county  [or 

city]  of  -         -  wherein  a  judgment  of dollars  was  awarded 

against  him  on  the day  of ,  19 — ,  in  favor  of . 


Appellant." 


Such  appeal  shall  be  accompanied  by  a  bond  to  secure  costs,  or  a  cash 
deposit  as  provided  by  law  in  other  cases  in  the  district  court,  and  such 
appeal  shall  be  tried  in  the  district  court  without  pleadings.  [G.  S.  1915, 
§  3323.] 

§  500.  When  defendant  fails  to  pay  judgment  or  appeal,  judge  shall 
certify  judgment  to  clerk  of  district  court;  form  of  certificate;  duty  of 
clerk  of  district  court  to  enter  judgment  on  judgment  record;  execution 
on  such  judgment.  If  no  appeal  is  taken  by  the  defendant,  and  the  de- 
fendant fails  to  pay  the  judgment  according  to  the  decree  of  said  small 
debtors'  court,  it  shall  be  the  duty  of  the  judge  of  the  small  debtors'  court 
.to  certify  the  judgment  to  the  clerk  of  the  district  court  in  substantially 
the  following  form: 

"To  THE  CLERK  OF  THE  DISTRICT  COURT  OF COUNTY,  KANSAS  : 

"This  is  to^certify  that  in  a  certain  action  before  me,  the  under- 
signed, on  the day  of  -  — ,  19 — ,  wherein  -  -  was  plain- 
tiff and  -  -  was  defendant,  and  upon  which  cause  I  obtained 

jurisdiction  of  defendant  by  summoning  him  —     (personally,  or 

by  United  States  mail,  or  by  telephone)   and  I  there  and  then  en- 
tered judgment  in  behalf  of  plaintiff  in  the  sum  of  $ ,  which 

judgment  has  not  been  paid. 

Witness  my  hand  this day  of ,  19 — .       

Judge  of  the  small  debtors,'   court  of 
county   [or  city]    Kansas." 

The  clerk  of  the  district  court  shall  enter  such  judgment  on  his  judg- 
ment record,  and  execution  may  issue  thereon  as  in  other  cases.  [G.  S. 
1915,  §  3324.] 

175 


§§  501-504]       STREET  RAILWAYS  AND  INTERURBAN  LINES. 


[Ch.  38 


§  501.  Judge  of  small  debtors'  court  to  serve  without  pay;  no  attorney 
at  law  or  other  person  than  plaintiff  and  defendant  allowed  to  concern 
himself  with  the  litigation  in  the  small  debtors'  court;  judge  may  in- 
formally consult  witnesses,  etc.,  and  give  judgment.  The  judge  of  the 
small  debtors'  court  provided  for  by  this  act  shall  serve  without  pay,  fee 
or  award;  and  no  attorney  at  law  or  any  other  person  than  the  plaintiff 
and  defendant  shall  concern  himself  or  intermeddle  in  any  manner  what- 
soever with  the  litigation  in  the  small  debtors'  court,  nor  shall  it  be  nec- 
essary to  summon  witnesses,  but  the  judge  of  the  small  debtors'  court 
may  informally  consult  witnesses  or  otherwise  investigate  the  controversy 
between  the  parties,  and  in  every  case  give  judgment  according  to  the 
very  right  of  the  cause.  [G.  S.  1915,  §  3325.] 

§  502.  Judge  shall  not  entertain  case  when  he  believes  plaintiff  could, 
without  serious  financial  embarrassment,  resort  to  other  courts  provided 
by  law.  If  the  judge  of  the  small  debtors'  court  believes  that  the  plain- 
tiff can,  without  serious  financial  embarrassment  to  himself,  or  to  those 
dependent  upon  him,  resort  to  the  court  of  a  justice  of  the  peace,  or  a 
city  court,  or  any  other  tribunal  provided  by  law,  he  shall  not  entertain 
the  plaintiff's  cause  in  the  small  debtors'  court.  [G.  S.  1915,  §  3326.] 

§  503.  Act  supplemental  to  existing  legislation.  This  act  shall  only 
be  considered  as  supplemental  to  existing  legislation.  [G.  S.  1915, 
§  3327.] 


CHAPTER  38.— STREET  RAILWAYS  AND  INTER- 
URBAN  LINES.* 


§504. 


505. 


Unlawful  to  operate  street  or  inter- 
urban  cars  during  certain  months 
without  inclosed  vestibule  for  mo- 
torman  or  person  operating  pro- 
pelling power;  vestibule  to  be 
heated ;  seat  to  be  provided  for 
use  of  motorman ;  use  of  such 
seat  under  reasonable  restrictions. 

Every  such  street  or  interurban  car 
company,  etc.,  to  provide  cars  Avith 


toilet     facilities     for     use     of     em- 
ployees    and     passengers ;      public 
utilities   commission   to   strictly    en- 
force   provisions    of    section. 
5506.   Penalty  for  failure  of  officer,    owner 
or   manager,    etc.,    to    comply    with 
two       preceding       sections;       acts 
leemed  a  violation  of  this  act. 
507.    Repeal  of  Laws  of  1897,  eh.  172. 


LAWS  OF  1909,  CH.  195,  AS  AMENDED  BY  LAWS  OF  1915,  CH.  285.  AND 
LAWS  OF  1917,  CH.  255. 

AN  ACT  for  the  protection  of  health  and  safety  of  passengers  and  employees  operating 
street  and  interurban  cars,  providing  inclosed  vestibules,  properly  heated,  and  seats 
for  the  use  of  motonnen  on  street  and  interurban  cars,  and  providing  for  toilet  facili- 
ties on  the  cars  or  along  the  right  of  way,  and  providing  penalties  for  the  violation 
thereof,  and  repealing  chapter  172,  Laws  of  1897,  being  sections  5959,  5960  of  the 
General  Statutes  of  1901. 

§  504.  Unlawful  to  operate  street  or  interurban  cars  during  certain 
months  without  inclosed  vestibule  for  motorman  or  person  operating  pro- 
pelling power;  vestibule  to  be  heated;  seat  to  be  provided  for  use  of 
motorman;  use  of  such  seat  under  reasonable  restrictions.  That  it  shall 
be  unlawful  for  any  street  or  interurban  car  company,  or  other  person, 
association,  or  corporation,  who  own,  control  or  operate  any  street  or  in- 
terurban car  system  in  whole  or  in  part  within  the  state  of  Kansas,  to 

*  For  acts  concerning  the  construction  and  maintenance  of  trolley  wires  over  railway 
tracks  and  the  crossing  of  railway  tracks  by  street  cars,  see  ch.  36,  art.  18  (§§  481  482 
ante),  and  art.  21  (§§489-491,  ante). 

Concerning  removal  of  journal  brass  from  electric  cars,  see  ch.  36,  art.  13  (§§  468 
469,  ante.) 


176 


Ch.  38]  STREET  RAILWAYS  AND  INTERURBAN  LINES.       [§§  505-507 

run  or  operate  its  cars  in  the  regular  service  of  carrying  passengers 
during  the  months  of  November,  December,  January,  February  and 
March,  without  first  providing  an  enclosed  vestibule,  which  shall  provide 
a  sufficient  shelter  for  the  motorman  or  other  employee  used  to  operate 
the  propelling  power  on  said  car.  The  vestibule  provided  for  the  motor- 
man or  other  employee  used  to  operate  the  propelling  power  on  said  car 
shall  be  heated  at  all  times  in  the  same  manner  and  to  the  same  degree  of 
heat  which  shall  not  be  less  than  is  healthful  and  comfortable  as  the 
interior  of  said  car.  And  it  is  further  provided  that  a  seat  shall  be  fur- 
nished for  the  use  of  the  motorman  on  said  car  or  cars  and  said  motor- 
man shall  be  permitted  to  use  the  same,  under  reasonable  restrictions  by 
said  company,  when  the  use  of  the  same  will  not  interfere  with  the 
proper  performance  of  his  duty.  [G.  S.  1915,  §  8702,  as  amended  by 
Laws  1917,  ch.  255,  §  1;  April  5.] 

§  505.  Every  such  street  or  interurban  car  company,  etc.,  to  provide 
cars  with  toilet  facilities  for  use  of  employees  and  passengers;  public 
utilities  commission  to  strictly  enforce  provisions  of  section.  That  every 
such  street  or  interurban  car  company,  or  other  person,  association  or 
corporation,  who  own,  control  or  operate  any  street  or  interurban  car 
system,  in  whole  or  in  part  within  the  state  of  Kansas,  shall  provide  and 
maintain  proper  toilet  facilities  on  said  interurban  cars  for  the  use  of  its 
employees  and  passengers  to  which  such  employees  and  passengers  shall 
have  access.  It  is  hereby  made  the  duty  of  the  public  utilities  commission 
to  strictly  enforce  the  provisions  of  this  section.  [G.  S.  1915,  §  8703.] 

§  506.  Penalty  for  failure  of  officer,  owner  or  manager,  etc.,  to  comply 
with  two  preceding  sections;  acts  deemed  a  violation  of  this  act.  Every 
corporation,  officer,  owner  or  manager  of  any  such  street  or  interurban 
car  company  who  shall  fail  or  refuse  to  comply  with  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  offense,  and  the  operation  of  a  car  at  any  one 
time  during  any  one  day  in  violation  of  sections  1  or  2  shall  be  deemed  a 
violation  of  this  act.  [G.  S.  1915,  §  8704.] 

"Sections  1  or  2,"  mentioned  herein,  are   §§  504,  505,  sttpra. 

§  507.  Repeal  of  Laws  of  1897,  ch.  172.  Chapter  172,  Laws  of  1897, 
the  same  being  sections  5959  and  5960  of  the  General  Statutes  of  1901, 
are  hereby  repealed.  [G.  S.  1915,  §  8705.] 


12— Labor— 1725. 

177 


§§  508-511] 


SUNDAY  LABOR. 


[Ch.  39 


CHAPTER  39.— SUNDAY  LABOR. 


5510.  Penalty  for  exposing  to  sale  any 
goods,  wares  or  merchandise,  or 
keeping  open  any  grocery,  etc.,  on 
Sunday. 

511.  Exception  as  to  sale  of  drugs  or 
medicines,  provisions,  or  other  ar- 
ticles of  immediate  necessity. 


§508.  Penalty  for  laboring  or  compelling 
other  persons  to  labor  or  perform 
any  work  on  Sunday ;  household 
offices  of  daily  necessity  or  other 
works  of  necessity,  etc.,  excepted. 
509.  Exception  as  to  persons  observing 
other  day  of  week  as  Sabbath 
than  Sunday,  and  ferrymen. 

GENERAL  STATUTES  OF  1868,  CH.  31. 

§  508.  Penalty  for  laboring  or  compelling  other  persons  to  labor  or 
perform  any  work  on  Sunday ;  household  offices  of  daily  necessity  or  other 
works  of  necessity,  etc.,  excepted.  Every  person  who  shall  either  labor 
himself  or  compel  his  apprentice,  servant  or  any  other  person  under  his 
charge  or  control  to  labor  or  perform  any  work  other  than  the  household 
offices  of  daily  necessity,  or  other  works  of  necessity  or  charity,  on  the 
first  day  of  the  week,  commonly  called  Sunday,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  fined  not  exceeding  twenty-five  dollars.  [G.  S. 
1915,  §  3661.] 

This  section  held  valid.     The  State  v.  Nesbit,  8  K.  A.  104. 

Contract  made  to  perform  work  on  week  days  is  good.     Johnson  v.  Brown,   13  K.  529. 
Contract  of  sale  is  good,  although  made  on  Sunday.     Birks  v.  French,  21  K.  238. 
Service  of  an  order  of  attachment  made  on  Sunday;  void.     Morris  v.  Shew,  29  K.  661. 
Cannot  keep  open  and  run  theater  on  Sunday.     Topeka  v.  Crawford,  78  K.   583. 

§  509.  Exception  as  to  persons  observing  other  day  of  week  as  Sab- 
bath than  Sunday,  and  ferrymen.  The  last  section  shall  not  extend  to 
any  person  who  is  a  member  of  a  religious  society  by  whom  any  other 
than  the  first  day  of  the  week  is  observed  as  the  Sabbath,  so  that  he 
observes  such  Sabbath,  nor  to  prohibit  any  ferryman  from  crossing  pas- 
sengers on  any  day  in  the  week.  [G.  S.  1915,  §  3662.] 

§  510.  Penalty  for  exposing  to  sale  any  goods,  wares  or  merchandise, 
or  keeping  open  any  grocery,  etc.,  on  Sunday.  Every  person  who  shall 
expose  to  sale  any  goods,  wares  or  merchandise,  or  shall  keep  open  any 
ale  or  porter  house,  grocery  or  tippling-shop,  or  shall  sell  or  retail  any 
fermented  or  distilled  liquor,  on  the  first  day  of  the  week,  commonly 
called  Sunday,  shall  on  conviction  be  adjudged  guilty  of  a  misdemeanor, 
and  fined  not  exceeding  fifty  dollars.  [G.  S.  1915,  §  3664.] 

§  511.  Exception  as  to  sale  of  drugs  or  medicines,  provisions,  or  other 
articles  of  immediate  necessity.  The  last  section  shall  not  be  construed 
to  prevent  the  sale  of  any  drugs  or  medicines,  provisions,  or  other  articles 
of  immediate  necessity.  [G.  S.  1915,  §  3665.] 


178 


Ch.  40] 


UNION  LABELS,  TRADE-MARKS,  ETC. 


[§§  512-514 


CHAPTER  40.— UNION  LABELS,  TRADE-MARKS,  ETC.* 


§512.  Unlawful  to  counterfeit  or  imitate 
any  label,  trade-mark  or  form  of 
advertisement  adopted  by  any  as- 
sociation or  union  of  working- 
men  for  their  protection ;  penalty 
for  violation  of  section. 

513.  Penalty  for  using  any  counterfeit  or 

imitation  of  any  label,  trade-mark 
or  form  of  advertisement  of  any 
such  union  or  association. 

514.  Such    association    or    union    may    file 

label,  trade-mark  or  form  of  ad- 
vertisement in  office  of  secretary 
of  state;  counterparts  or  fac- 
similes; certificate  of  such  record; 
fee;  certificate  sufficient  proof  of 
adoption  of  such  label,  etc.,  in  all 
suits  and  prosecutions  under  this 
act. 


§515.  Association  or  union  adopting  label, 
etc.,  may  enjoin  manufacture,  use, 
display  or  sale  of  counterfeits  or 
imitations  ;  damages  to  be  awarded 
to  complainant ;  defendants  re- 
quired to  pay  profits  derived  from 
such  wrongful  manufacture,  etc. ; 
disposition  of  counterfeits  or  imi- 
tations in  possession  of  defendant. 

516.  Penalty  for  unauthorized  use  or  dis- 

play of  genuine  label,  trade-mark, 
etc. ;  suits  commenced  and  prose- 
cuted by  officer  or  member  when 
association  or  union  not  incor- 
porated. 

517.  Penalty    for    using    name    or    seal    of 

associati&n  or  union  or  officer 
thereof  without  authority. 


LAWS  OF  1891,  CH.  213. 

AX  ACT  to  protect  associations   and  unions  of  workingmen  in  their  labels,   trade-marks, 
and  forms  of  advertising. 

§  512.  Unlawful  to  counterfeit  or  imitate  any  label,  trade-mark  or 
form  of  advertisement  adopted  by  any  association  or  union  of  working- 
men  for  their  protection;  penalty  for  violation  of  section.  Whenever  any 
association  or  union  of  workingmen  have  adopted  or  shall  hereafter  adopt 
for  their  protection  any  label,  trade-mark,  or  form  of  advertisement,  an- 
nouncing that  goods  to  which  [such]  label,  trade-mark  or  form  of  adver- 
tisement shall  be  attached  were  manufactured  by  a  member  or  members 
of  such  association  or  union,  it  shall  be  unlawful  for  any  person  or  cor- 
poration to  counterfeit  or  imitate  such  label,  trade-mark  or  form  of 
advertisement.  Every  person  violating  this  section  shall  upon  conviction 
be  punished  by  imprisonment  in  the  county  jail  for  not  less  than  three 
months  or  more  than  one  year,  or  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  two  hundred  dollars,  or  both  fine  and  imprison- 
ment. [G.  S.  1915,  §  11654.] 

§  513.  Penalty  for  using  any  counterfeit  or  imitation  of  any  label, 
trade-mark  or  form  of  advertisement  of  any  such  union  or  association. 
Every  person  who  shall  use  any  counterfeit  or  imitation  of  any  label, 
trade-mark  or  form  of  advertisement  of  any  such  union  or  association, 
knowing  the  same  to  be  counterfeit  or  imitation,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  imprisonment  in  the  county  jail  for  a 
term  of  not  less  than  three  months  nor  more  than  one  year,  or  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  two  hundred  dollars, 
or  both.  [G.  S.  1915,  §  11655.] 

§  514.  Such  association  or  union  may  file  label,  trade-mark  or  form  of 
advertisement  in  office  of  secretary  of  state;  counterparts  or  facsimiles; 
certificate  of  such  record;  fee;  certificates  sufficient  proof  of  adoption  of 
such  label,  etc.,  in  all  suits  and  prosecutions  under  this  act.  Every  such 
association  or  union  that  has  heretofore  adopted  or  shall  hereafter  adopt 
a  label,  trade-mark  or  form  of  advertisement  as  aforesaid  may  file  the 
same  for  record  in  the  office  of  the  secretary  of  state  by  leaving  two 

*  For  reference  to  acts  relating  to  membership  in  labor  organizations,  which  acts  have 
been  declared  unconstitutional  and  void,  see  §  64,  ante. 

179 


§§  515-517]  UNION  LABELS,  TRADE-MARKS,  ETC.  [Ch.  40 

copies,  counterparts  or  facsimiles  thereof  with  the  secretary  of  state. 
Said  secretary  shall  deliver  to  such  association  or  union  so  filing  the  same 
a  duly  attested  certificate  of  the  record  of  the  same,  for  which  he  shall 
receive  a  fee  of  one  dollar.  Such  certificate  of  record  shall,  in  all  suits 
and  prosecutions  under  this  act,  be  sufficient  proof  of  the  adoption  of 
such  label,  trade-mark,  or  form  of  advertisement,  and  of  the  right  of  said 
union  or  association  to  adopt  the  same.  [G.  S.  1915,  §  11656.] 

§  515.  Association  or  union  adopting  label,  etc.,  may  enjoin  manu- 
facture, use,  display  or  sale  of  counterfeits  or  imitations;  damages  to  be 
awarded  to  complainant;  defendants  required  to  pay  profits  derived  from 
such  wrongful  manufacture,  etc.;  disposition  of  counterfeits  or  imitations 
in  possession  of  defendant.  Every  such  association  or  union  adopting  a 
label,  trade-mark  or  form  of  advertisement  as  aforesaid  may  proceed  by 
suit  to  enjoin  the  manufacture,  use,  display  or  sale  of  any  such  counter- 
feits or  imitations;  and  all  courts  having  jurisdiction  thereof  shall  grant 
injunctions  to  restrain  such  manufacture,  use,  display,  or  sale,  and  shall 
award  the  complainant  in  such  suit  such  damages  resulting  from  such 
wrongful  manufacture,  use,  display  or  sale  as  may  by  said  court  be 
deemed  just  and  reasonable,  and  shall  require  the  defendants  to  pay  to 
such  association  or  union  the  profits  derived  from  such  wrongful  manu- 
facture, use,  display,  or  sale;  and  said  court  shall  also  order  that  all  such 
counterfeits  or  imitations  in  the  possession  or  under  the  control  of  any 
defendant  in  such  case  be  delivered  to  an  officer  of  the  court,  or  to  the 
complainant,  to  be  destroyed.  [G.  S.  1915,  §  11657.] 

§  516.  Penalty  for  unauthorized  use  or  display  of  genuine  label,  trade- 
mark, etc.;  suits  commenced  and  prosecuted  by  officer  or  member  when 
association  or  union  not  incorporated.  Every  person  who  shall  use  or  dis- 
play the  genuine  label,  trade-mark  or  form  of  advertisement  of  any  such 
association  or  union  in  any  manner  not  authorized  by  such  association  or 
union  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
imprisonment  in  the  county  jail  not  less  than  three  months  nor  more  than 
one  year,  or  by  a  fine  of  not  less  than  one  hundred  dollars,  or  both.  In  all 
cases  where  such  association  or  union  is  not  incorporated,  suits  under  this 
act  may  be  commenced  and  prosecuted  by  an  officer  or  member  of  such 
association  or  union  on  behalf  of  and  for  the  use  of  such  association  or 
union.  [G.  S.  1915,  §  11658.] 

§  517.  Penalty  for  using  name  or  seal  of  association  or  union  or  officer 
thereof  without  authority.  Any  person  or  persons  who  shall  in  any  way 
use  the  name  or  seal  of  any  such  association  or  union,  or  officer  thereof, 
in  and  about  the  sale  of  goods  or  otherwise,  not  being  authorized  to  so 
use  the  same,  shall  be  guilty  of  a  misdemeanor,  punishable  by  imprison- 
ment in  the  county  jail  of  not  less  than  three  months  nor  more  than  one 
year,  or  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  two 
hundred  dollars,  or  both.  [G.  S.  1915,  §  11659.] 


180 


Ch.41] 


UNLAWFUL  ASSEMBLIES. 


[§§  518-520 


CHAPTER  41.— UNLAWFUL  ASSEMBLIES. 


:-ee  or  more  persons  assembling 
together  to  do  any  unlawful  act; 
agreeing  to  do  unlawful  act  after 
beins:  lawfully  assembled ;  move- 
ment or  preparation  to  do  unlaw- 
ful act;  punishment. 

1 19.  Persons  assembled  proceeding  to  com- 
mit offense:  duty  of  judge,  justice 
of  the  peace,  sheriff,  constable, 
marshal,  etc..  to  make  proclama- 
tion commanding  them  to  disperse 
and  depart:  duty  of  judge,  etc.,  if 
persons  shall  not  disperse  and  de- 


part; officer  to  call  upon  persons 
to  assist  in  taking  persons  as- 
sembled into  custody ;  penalty  for 
refusal  to  render  immediate  as- 
sistance. 

§520.  Incorporated  cities  and  towns  liable 
for  damages  from  action  of  mobs ; 
loss  of  property  or  injury  to  life 
or  limb. 

521.  What  may  bje  given  in  evidence  in 
mitigation  of  damages  in  actions 
under  preceding  section. 


PART  OF  GENERAL  STATUTES  OF  1868,  CH.  31. 

§  518.  Three  or  more  persons  assembling  together  to  do  any  unlawful 
act;  agreeing  to  do  unlawful  act  after  being  lawfully  assembled;  move- 
ment or  preparation  to  do  unlawful  act;  punishment.  If  three  or  more 
persons  shall  assemble  together  with  intent  to  do  any  unlawful  act  with 
force  and  violence  against  the  person  or  property  of  another,  or  to  do  any 
unlawful  act  against  the  peace,  or  being  lawfully  assembled,  shall  agree 
with  each  other  to  do  any  unlawful  act  aforesaid,  shall  make  any  move- 
ment or  preparation  therefor,  the  person  so  offending  on  conviction 
thereof  shall  be  fined  in  the  sum  not  exceeding  two  hundred  dollars. 
[G.  S.  1915,  §  3674.] 

Charivari  party  used  unlawful  violence  within   meaning  of  statute.      Cherry  vale  v.   Haw- 
man,  80  K.  170. 
Prisoners  in  city  jail  effect  unlawful  assembly.     Blakeman  v.  City  of  Wichita,  93  K.  444. 

§  519.  Persons  assembled  proceeding  to  commit  offense;  duty  of  judge, 
justice  of  the  peace,  sheriff,  constable,  marshal,  etc.,  to  make  proclamation 
commanding  them  to  disperse  and  depart;  duty  of  judge,  etc.,  if  persons 
shall  not  disperse  and  depart;  officer  to  call  upon  persons  to  assist  in  tak- 
ing persons  assembled  into  custody;  penalty  for  refusal  to  render  immedi- 
ate assistance.  When  three  or  more  persons  shall  be  assembled  as  afore- 
said and  proceed  to  commit  any  of  the  offenses  in  the  preceding  section 
mentioned,  it  shall  be  the  duty  of  any  judge,  justice  of  the  peace,  sheriff, 
constable,  marshal,  or  other  peace  officer,  immediately  upon  actual  view, 
or  as  soon  as  may  be  on  information,  to  make  proclamation  in  the  hearing 
of  such  offenders,  commanding  them  in  the  name  of  the  state  of  Kansas  to 
disperse  and  to  depart  to  their  several  homes  or  lawful  employments ;  and 
if  upon  such  proclamation  such  persons  shall  not  disperse  and  depart  as 
aforesaid,  it  shall  be  the  duty  of  such  judge,  justice  of  the  peace,  sheriff, 
constable,  marshal  or  other  peace  officer  to  call  upon  persons  near,  and  if 
necessary  throughout  the  county,  to  aid  and  assist  in  dispersing  and  tak- 
ing into  custody  all  persons  assembled  as  aforesaid;  and  all  persons  called 
on  as  aforesaid,  and  refusing  to  render  immediate  assistance,  shall  each 
upon  conviction  thereof  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars.  [G.  S.  1915,  §  3675.] 

GENERAL  STATUTES  OF  1868,  CH.  32. 

AN  ACT  providing  for  the  recovery  of  damages  against  cities  and  towns. 

§  520.  Incorporated  cities  and  towns  liable  for  damages  from  action 
of  mobs;  loss  of  property  or  injury  to  life  or  limb.  All  incorporated  cities 


181 


521,  522] 


VAGRANCY. 


[Ch.  42 


and  towns  shall  be  liable  for  all  damages  that  may  accrue  in  consequence 
of  the  action  of  mobs  within  their  corporate  limits,  whether  such  damages 
shall  be  loss  of  property  or  injury  to  life  or  limb.  [G.  S.  1915,  §  3822.] 

City  is  liable  for  damages  caused  by  charivari  mob.  Cherryvale  v.  Hawman,  80  K'.  170. 
Mob  formed  by  prisoners  in  city  jail;  liability  of  city.  Blakeman  v.  City  of  Wichita, 

93  K.  444. 
Persons  summoned  by  officer  to  assist  in  making  arrest  may  constitute  a  mob ;  motive  of 

persons  assembled  a  question  of  fact.     Harvey  v.  City  of  Bonner  Springs,  102  K.  9. 

§  521.  What  may  be  given  in  evidence  in  mitigation  of  damages  in 
actions  under  preceding  section.  In  all  actions  under  the  preceding  sec- 
tion, the  character,  use  or  manner  of  occupancy  of  the  property  lost  or 
destroyed,  and  the  reputation  and  conduct  of  the  person  injured,  may  be 
given  in  evidence  in  mitigation  of  damages.  [G.  S.  1915,  §  3823.] 

Exemplary  damages  allowed  only  where  actual  damages  proved.     Adams  v.  City  of  Salina, 

58  K.  246. 
Inability  to  prevent  injury  no  defense;  liable  for  bodily  injuries.  lola  v.  Birnbaum. 

71  K.  600. 
Influence  of  keeper's  conduct  upon  mitigation  of  damages  to  saloon.  Stevens  v.  Anthony, 

82  K.  179. 


CHAPTER  42.— VAGRANCY. 


§522.  Power  of  cities  of  first  class  to  pun- 
ish persons  carrying  firearms,  etc., 
cause  to  be  arrested  and  impris- 
oned, fined  or  put  to  work  all  va- 
grants, tramps,  confidence  men, 
etc.,  and  other  persons  without 
visible  means  of  support. 

523.  Power    of    cities    of    second    class    to 

prohibit  carrying  of  firearms,  etc., 
cause  to  be  arrested  and  impris- 
oned, fined  or  set  at  work  all  va- 
grants or  persons  without  visible 
means  of  support. 

524.  Power  of  cities  of  third  class  to  pro- 

hibit carrying  of  firearms,  etc., 
cause  to  be  arrested  and  impris- 
oned, fined  or  set  at  work  all  va- 
grants or  persons  without  visible 
means  of  support. 

525.  Person    found    loitering,    etc.,    with- 

out visible  means  of  support,  or 
keeper  of  house  of  ill-fame,  or 
married  man  refusing  to  provide 


for  support  of  family  deemed  va- 
grant ;  punishment. 

§526.  Board  of  county  commissioners  to 
make  regulations  for  working  of 
vagrants ;  constant  employment. 

527.  Person   engaged   in  unlawful   calling. 

loitering  without  visible  means  of 
support  in  any  community,  re- 
fusing to  work  when  work  at  fair 
wages  is  to  be  procured,  or  threat- 
ening violence  or  personal  injury 
to  fellow  workmen  or  to  employers 
of  labor  deemed  a  vagrant ;  pun- 
ishment. 

528.  Duty   of   sheriffs,   deputies,   police  of- 

ficers, etc.,  to  promptly  arrest  per- 
sons described  in  preceding  sec- 
tion and  take  them  before  some 
justice  of  the  peace,  city  court,  or 
police  court;  such  courts  author- 
ized to  summarily  try  such  per- 
sons and  pass  sentence  upon  them. 


PART  OF  LAWS  OF  1903,  CH.  122. 

§  522.  Power  of  cities  of  first  class  to  punish  persons  carrying  fire- 
arms, etc.,  cause  to  be  arrested  and  imprisoned,  fined  or  put  to  work  all 
vagrants,  tramps,  confidence  men,  etc.,  and  other  persons  without  visible 
means  of  support.  To  punish  persons  for  carrying  firearms,  or  other 
dangerous  and  deadly  weapons,  concealed  or  otherwise,  and  cause  to  be 
arrested  and  imprisoned,  fined  or  put  to  work  all  vagrants,  tramps,  con- 
fidence men,  persons  found  loitering  around  saloons,  gambling  houses, 
houses  of  prostitution,  and  all  other  persons  found  in  the  city  without 
visible  means  of  support  or  some  legitimate  business.  [G.  S.  1915, 
§  1096.] 

The  foregoing  section  is  a  part  of  the  act  relating  to  cities  of  the  first  class,  and  a 
part  of  the  article  relating  to  the  powers  of  the  mayor  and  council  of  such  cities. 


182 


Ch.  42]  VAGRANCY. [§.§  523-527 

PART  OF  LAWS  OF  1872,  CH.  100. 

§  523.  Power  of  cities  of  second  class  to  prohibit  carrying  of  firearms, 
etc.,  cause  to  be  arrested  and  imprisoned,  fined  or  set  at  work  all  va- 
grants or  persons  without  visible  means  of  support.  The  council  may  pro- 
hibit and  punish  the  carrying  of  firearms  or  other  deadly  weapons,  con- 
cealed or  otherwise,  and  may  arrest  and  imprison,  fine  or  set  at  work 
all  vagrants  and  persons  found  in  said  city  without  visible  means  of  sup- 
port, or  some  legitimate  business.  [G.  S.  1915,  §  1742.] 

Judicial  construction  of  right  to  bear  arms.     Salina  v.  Blaksley,  72  K.  230. 

The  foregoing  section  is  a  part  of  the  act  relating  to  cities  of  the  second  class,  and 
a  part  of  the  article  relating  to  the  powers  of  the  mayor  and  council  of  such  cities. 

PART  OF  LAWS  OF  1871,  CH.  60. 

§  524.  Power  of  cities  of  third  class  to  prohibit  carrying  of  firearms, 
etc.,  cause  to  be  arrested  and  imprisoned,  fined  or  set  at  work  all  va- 
grants or  persons  without  visible  means  of  support.  The  council  may  pro- 
hibit and  punish  the  carrying  of  firearms  or  other  deadly  weapons,  con- 
cealed or  otherwise,  and  may  arrest  and  imprison,  fine,  or  set  at  work, 
all  vagrants  and  persons  found  in  said  city  without  visible  means  of  sup- 
port, or  some  legitimate  business.  [G.  S.  1915,  §  1939.] 

The  foregoing  section  is  a  part  of  the  act  relating  to  cities  of  the  third  class,  and 
a  part  of  the  article  relating  to  the  powers  of  the  mayor  and  council  of  such  cities. 

PART  OF  GENERAL  STATUTES  OF  1868,  CH.  31. 

§  525.  Person  found  loitering,  etc.,  without  visible  means  of  support, 
or  keeper  of  house  of  ill-fame,  or  married  man  refusing  to  provide  for 
support  of  family  deemed  vagrant;  punishment.  Any  person  who  may 
be  found  loitering  around  houses  of  ill-fame,  gambling-houses,  or  places 
where  liquors  are  sold  or  drank,  without  any  visible  means  of  support, 
or  shall  be  the  keeper  or  inmate  of  any  house  of  ill-fame  or  gambling- 
house,  or  engaged  in  any  unlawful  calling  whatever,  or  any  able-bodied 
married  man  who  shall  neglect  or  refuse  to  provide  for  the  support  of 
his  family,  shall  be  deemed  a  vagrant,  and  upon  conviction  thereof  may 
be  fined  in  any  sum  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  one  year.  [G.  S.  1915,  §  3774.] 

§  526.  Board  of  county  commissioners  to  make  regulations  for  work- 
ing of  vagrants;  constant  employment.  The  board  of  county  commission- 
ers shall  make  such  regulations  for  the  working  of  vagrants  as  will  keep 
them  as  nearly  as  possible  in  constant  employment.  [G.  S.  1915, 
§  3775.] 

LAWS  OF  1917,  CH.  167. 

AN  ACT  defining  vagrancy,  and  providing. punishment  therefor. 

§  527.  Person  engaged  in  unlawful  calling,  loitering  without  visible 
means  of  support  in  any  community,  refusing  to  work  when  work  at  fair 
wages  is  to  be  procured,  or  threatening  violence  or  personal  injury  to 
fellow  workmen  or  to  employers  of  labor  deemed  a  vagrant;  punishment. 

Any  person  engaged  in  any  unlawful  calling  whatever,  or  who  shall  be 
found  loitering  without  visible  means  of  support  in  any  community,  or 
who,  being  without  visible  means  of  support  shall  refuse  to  work  when 
work  at  fair  wages  is  to  be  procured  in  the  community,  or  who  shall 
threaten  violence  or  personal  injury  to  fellow  workmen  or  to  employers 
of  labor,  shall  be  deemed  a  vagrant,  and  upon  conviction  thereof  shall  be 

183 


§§  528,  529]  WAGES,  PAYMENT,  COLLECTION,  ETC.         [Ch.  43,  Art.  1 

fined  in  any  sum  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars,  and  shall  be  imprisoned  in  the  county  jail  for  a  period  not  less 
than  thirty  days  nor  more  than  six  months.  [Laws  1917,  ch.  167,  §1; 
Aprils.] 

§  528.  Duty  of  sheriffs,  deputies,  police  officers,  etc.,  to  promptly 
arrest  persons  described  in  preceding  section  and  take  them  before  some 
justice  of  the  peace,  city  court,  or  police  court;  such  courts  authorized  to 
summarily  try  such  persons  and  pass  sentence  upon  them.  It  shall  be  the 
duty  of  all  sheriffs  and  their  deputies,  chiefs  of  police  and  police  officers, 
and  other  commissioned  peace  officers  to  promptly  arrest  all  persons  de- 
scribed in  section  1  of  this  act  as  vagrants  who  may  be  found  in  their 
community  and  to  take  them  before  some  justice  of  the  peace,  city  court 
or  police  court  in  cities  of  the  first,  second  and  third  class,  which  courts 
are  hereby  authorized  to  summarily  try  such  persons  upon  such  charge, 
and  if  found  guilty  to  pass  sentence  upon  them  as  is  provided  in  section 
1  of  this  act.  [Laws  1917,  ch.  169,  §  2 ;  April  3.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  527,  supra. 


CHAPTER  43.— WAGES,  PAYMENT,  COLLECTION,  ETC. 

Article  1.    Claims  for  Wages,  Exemption.    §  529. 

2.  Drawing  Check  or  Draft  When  no  Funds  Deposited. 

§§  530-535. 

3.  Exemption  of  Wages  Earned  in  Another  State.    §  536. 

4.  Garnishment,  Amount  of  Personal  Earnings  Taken. 

§§  537,  538. 

5.  Insolvency,  Wages  Preferred.    §  539. 

6.  Resignation  or  Discharge  of  Employee,  Payment  of  Wages. 

§§  540,  541. 

7.  Semimonthly  Payment  by  Corporations.    §§  542-544. 

8.  Time  Checks,  Due  Bills,  Script,  Orders,  etc.    §§  545-548. 

9.  Time  for  Bringing  Actions  for  Wages.    §  549. 

10.    Weekly  Payment  in  Lawful  Money  by  Certain  Corporations. 
§§  550-556. 


ARTICLE  1.— Claims  for  Wages,  Exemption. 

§529.   Personal  property  not  exempt  from  attachment  or  execution  for  wages  of  clerk,  me 
chanic,  laborer  or  servant. 

PART  OF  GENERAL  STATUTES  OF  1868,  CH.  38. 

§  529.  Personal  property  not  exempt  from  attachment  or  execution  for 
wages  of  clerk,  mechanic,  laborer  or  servant.  None  of  the  personal  prop- 
erty mentioned  in  this  act  shall  be  exempt  from  attachment  or  execution 
for  the  wages  of  any  clerk,  mechanic,  laborer  or  servant.  [G.  S.  1915, 
§  4703.] 

"The  personal  property  mentioned  in  this  act,"  relates  to  the  personal  property 
mentioned  in  the  general  act  providing  for  exemptions  to  the  head  of  a  family  and 
to  persons  not  the  head  of  a  family.  (G.  S.  1915,  §§  4700,  4701.) 

This  section  held  constitutional  and  valid.     McBride  v.  Reitz,   19  K.  123. 

No  personal  property  is  exempt  from  wages  of  laborer.  Seymour,  Sabin  &  Co.  v.  Cooper. 
26  K.  539. 

State  laws  have  no  extraterritorial  force.     B.  &  M.  R.  Rid.  Co.  v.  Thompson,  31  K.  180. 

184 


Ch.  43,  Art.  2]         WAGES,  PAYMENT,  COLLECTION,  ETC. 


[§§  530-533 


ARTICLE  2. — Drawing  Check  or  Draft  When  no  Funds  Deposited. 


'30.  Unlawful  to  draw,  make,  utter,  issue 
or  deliver  any  check  or  draft 
knowing  there  are  no  funds  or 
credits  with  which  to  pay  such 
check  or  draft. 

31.  Punishment  for  violation  of  preced- 
ing section  when  check  or  draft 
drawn  for  less  than  twenty  dol- 
lars ;  punishment  when  check  or 
draft  drawn  for  twenty  dollars  or 
more. 


§532.  Application  before  trial  to  have  ac- 
tion abated;  showing  to  be  made 
to  court  or  judge;  discharge  of 
defendant  upon  paying  into  court 
the  amount  of  such  check  and  the 
costs  of  said  case. 

533.  Meaning  of  "credits"  as  used  in  this 

act. 

534.  Act    not    apply    to    where    check    or 

draft  actually  honored  by  bank. 

535.  Act    not    construed    as   repealing   sec- 

tions of  acts  specified. 

LAWS  OF  1915,  CH.  92,  AS  AMENDED  BY  LAWS  OF  1917,  CH.  170. 

AN  ACT  prohibiting  any  person,  corporation  or  partnership  from  drawing,  making,  utter- 
ing, issuing  or  delivering  a  check  or  draft  on  any  bank  or  depository  in  which  there 
are  no  funds  deposited  with  which  to  pay  same  when  presented,  and  providing  penal- 
ties for  violation  thereof. 

§  530.  Unlawful  to  draw,  make,  utter,  issue  or  deliver  any  check  or 
draft  knowing  there  are  no  funds  or  credits  with  which  to  pay  such  check 
or  draft.  It  shall  be  unlawful  for  any  person,  corporation,  or  partner- 
ship, to  draw,  make,  utter,  issue  or  deliver  to  another  any  check  or  draft 
on  any  bank  or  depository  for  the  payment  of  money  or  its  equivalent, 
knowing,  at  the  time  of  the  making,  drawing,  uttering  or  delivery  of  any 
such  check  or  draft  as  aforesaid  that  he  has  no  funds  on  deposit  in  or 
credits  with  such  bank  or  depository  with  which  to  pay  such  check  or 
draft  upon  presentation.  [G.  S.  1915,  §  347L] 

§  531.  Punishment  for  violation  of  preceding  section  when  check  or 
draft  drawn  for  less  than  twenty  dollars ;  punishment  when  check  or  draft 
drawn  for  twenty  dollars  or  more.  That  any  person,  corporation  or  part- 
nership, willfully  violating  any  of  the  provisions  of  section  1  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor  if  such  check  or  draft  is  drawn 
for  less  than  twenty  dollars  and  upon  conviction  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  and  not  more  than  one  hundred 
dollars  or  imprisonment  in  the  county  jail  for  a  period  of  not  less  than 
ten  days  and  not  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment; if  said  check  or  draft  shall  be  drawn  for  an  amount  of 
twenty  dollars  or  more,  such  person  shall  be  deemed  guilty  of  a  felony 
and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars  and  not  more  than  five  thousand  dollars,  or  by  imprisonment 
in  the  state  penitentiary  for  a  period  of  not  less  than  one  year  nor  more 
than  five  years,  or  by  both  fine  and  imprisonment.  [G.  S.  1915,  §  3472,  as 
amended  by  Laws  1917,  ch.  170,  §  1;  May  26.] 

§532.  Application  before  trial  to  have  action  abated;  showing  to  be 
made  to  court  or  judge;  discharge  of  defendant  upon  paying  into  court 
the  Amount  of  such  check  and  the  costs  of  said  case.  That  in  any  case 
where  a  prosecution  is  begun  under  this  act,  the  defendant  shall  have  a 
right,  upon  application  made  for  that  purpose  before  trial,  to  have  said 
action  abated  by  showing  to  the  court  or  judge  that  he  has  had  an  ac- 
count in  said  bank  upon  which  said  check  or  draft  was  drawn,  thirty  days 
next  prior  to  the  time  said  check  or  draft  was  delivered  and  that  said 
check  or  draft  was  drawn  upon  said  bank  without  intent  to  defraud  the 
party  receiving  the  same,  and  if  the  court  shall  so  find,  said  action  shall 
be  abated  and  the  defendant  shall  be  discharged  upon  paying  into  court 
the  amount  of  such  check  and  the  costs  in  said  case.  [G.  S.  1915,  §  3473.] 

§  533.  Meaning  of  "credits"  as  used  in  this  act.  ("Credits"  defined.) 
The  word  "credits"  as  used  herein  shall  be  construed  to  be  an  arrange-^ 

185 


|§  534-536] 


WAGES,  PAYMENT,  COLLECTION,  ETC.         [Ch.  43,  Art.  4 


ment  or  understanding  with  the  bank  or  depository  for  the  payment  of 
such  check  or  draft.  [G.  S.  1915,  §  3474.] 

§  534.  Act  not  to  apply  where  check  or  draft  actually  honored  by 
bank.  It  is  further  provided  that  nothing  in  this  act  shall  apply  in  cases 
where  checks  or  drafts  were  actually  honored  by  bank  or  banks  on  which 
they  were  drawn.  [G.  S.  1915,  §  3475.] 

§  535.  Act  not  construed  as  repealing  sections  of  acts  specified.  That 
nothing  in  this  act  shall  be  construed  as  repealing  sections  2584,  2585  and 
2586  of  the  General  Statutes  of  1909,  or  any  existing  law  or  laws  now  in 
force.  [G.  S.  1915,  §  3476.] 

"Sections  2584,  2585  and  2586  of  the  General  Statutes  of  1909,"  mentioned 
herein,  are  printed  as  §§  3467-3469  of  the  General  Statutes  of  1915,  and  relate  to  the 
obtaining  of  money  or  property  by  false  tokens  or  pretenses. 

ARTICLE  3.— Exemption  of  Wages  Earned  in  Another  State. 

§536.  Wages  earned  in  another  state,  when  exempt;  court  to  dismiss  action  at  cost  of 
plaintiff  when  writ  of  attachment  or  garnishment  not  personally  served  on  de- 
fendant. 

LAWS  OF  1905,  CH.  523. 

AN  ACT  in  relation  to  wages  earned  out  of  the  state  of  Kansas. 

§  536.  Wages  earned  in  another  state,  when  exempt;  court  to  dismiss 
action  at  cost  of  plaintiff  when  writ  of  attachment  or  garnishment  not 
personally  served  on  defendant.  That  wages  earned  out  of  this  state 
and  payable  out  of  this  state  shall  be  exempt  from  attachment  or  gar- 
nishment in  all  cases  where  the  cause  of  action  rose  [arose]  out  of  this 
state,  unless  the  defendant  in  the  attachment  or  garnishment  suit  is  per- 
sonally served  with  process;  and  if  the  writ  of  attachment  or  garnish- 
ment is  not  personally  served  on  the  defendant,  the  court  issuing  the 
writ  of  attachment  or  garnishment  shall  not  entertain  jurisdiction  of  the 
cause,  but  shall  dismiss  the  suit  at  the  cost  of  the  plaintiff.  [G.  S.  1915, 
§  4705.] 

ARTICLE  4. — Garnishment,  Amount  of  Personal  Earnings  Taken. 


§537.  Judge  may  order  property  of  judg- 
ment debtor  in  his  hands  or  due 
to  him  applied  toward  satisfac- 
tion of  judgment;  enforcement  of 
such  order;  earnings  of  debtor  for 
personal  services,  when  exempt ; 
exception. 


§538.  Ten  per  cent  and  court  costs  not  to 
exceed  four  dollars  of  earnings  of 
debtor  may  be  taken  and  applied 
on  debts ;  affidavit ;  one  deduction 
in  any  one  calendar  month;  no- 
tice of  filing  affidavit ;  counter  af- 
fidavit ;  hearing ;  sickness  of  debtor 
or  member  of  family,  when  act 
not  invoked;  accounts  sold,  as- 
signed, delivered  to  collector,  col- 
lection agency,  etc.,  such  person 
or  firm  not  entitled  to  benefits  of 
act ;  act  not  to  hold  more^  than 
ten  per  cent  and  four  dollars  for 
court  costs  before  judgment;  pay- 
ment of  balance  to  debtor ;  tak- 
ing of  earnings  after  judgment ; 
act  not  to  exempt  earnings  of 
debtor  not  head  of  family. 

PART  OF  LAWS  OF  1909,  CH.  182,  AS  AMENDED  BY  LAWS  OF  1913, 

CH.  232. 

AN  ACT  relating  to  the  personal  earnings  of  debtors;  amending  sections  6126  and  6127. 
of  the  General  Statutes  of  Kansas  of  1909,  and  repealing  said  original  sections,  and 
also  repealing  section  6526  of  the  General  Statutes  of  Kansas  of  1909. 


186 


Ch.  43,  Art.  4]         WAGES,  PAYMENT,  COLLECTION,  ETC.  [§§  537,  538 

§  537.  Judge  may  order  property  of  judgment  Debtor  in  his  hands  or 
due  to  him  applied  toward  satisfaction  of  judgment;  enforcement  of  such 
order;  earnings  of  debtor  for  personal  services,  when  exempt;  exception. 

The  judge  may  order  any  property  of  the  judgment  debtor  not  exempt 
by  law,  in  the  hands  either  of  himself  or  any  other  person  or  corporation, 
or  due  to  the  judgment  debtor,  to  be  applied  toward  the  satisfaction  of  the 
judgment,  and  may  enforce  the  same  by  proceedings  for  contempt,  in 
case  of  refusal  or  disobedience ;  but  the  earnings  of  the  debtor  for  his  per- 
sonal services  at  any  time  within  three  months  next  preceding  the  order 
cannot  be  so  applied  when  it  is  made  to  appear  by  the  debtor's  affidavit,  or 
otherwise,  that  such  earnings  are  necessary  for  the  use  of  a  family 
supported  wholly  or  partly  by  his  labor,  except  as  provided  in  section  2 
of  this  act,  amendatory  of  section  6127  of  the  General  Statutes  of  the 
state  of  Kansas  of  1909.  [G.  S.  1915,  §  7435.] 

"Section  2  of  this  act,  amendatory  of  section  6127  of  the  General  Statutes  of  the 
state  of  Kansas  of   1909,"   mentioned  herein,   is  the  following  section    (§538). 
Cases  construing  former  act  containing  similar  provisions: 

Order  to  pay  not  final  determination  of  liability  of  garnishee.     Board  of  Education  v. 

Scoville,  13  K.  17. 

Section  construed.     Seymour,  Sabin  &  Co.  v.  Cooper,  26  K.  539. 

Foreign  corporation  may  be  garnisheed  in  this  state.     B.  &  M.  R.  Rid.  Co.  v.  Thomp- 
son, 31  K.  180. 
Judgment   debtor   may   be   committed   for   contempt.      The    State,    ex   rel.,   v.    Burrows, 

33  K.  10;  In  re  Burrows,  Petitioner,  33  K.  675. 
Garnishment  by  nonresident,  when  funds  exempt  in  this  state.     Mo.  Pac.  Rly.  Co.   v. 

Maltby  &  Co.,  34  K.  125. 
Personal    earnings,    when    exempt;    debtor    must    be    part    of    family.      Zimmerman    v. 

Franke,  34  K.  650. 
Personal  earnings,    when   exempt;    no  distinction  between  residents   and   nonresidents. 

K.  C.  St.  J.  &  C.  B.  Rid.  Co.  v.  Gough  &  Linley,  35  K.  1. 

Contempt  for  refusal  to  pay  not  avoided  by  showing  made.     In  re  Lewis,  67  K.  340. 
Order  not  conclusive  on  persons  not  parties  to  action.     Honce  v.   Schram,   73  K.   368. 
Concerning  residence  of  debtor,  etc.,  see  the  following  section. 

§  538.  Ten  per  cent  and  court  costs  not  to  exceed  four  dollars  of  earn- 
ings of  debtor  may  be  taken  and  applied  on  debts;  affidavit;  one  deduc- 
tion in  any  one  calendar  month;  notice  of  filing  affidavit;  counter  affidavit; 
hearing;  sickness  of  debtor  or  member  of  family,  when  act  not  invoked; 
accounts  sold,  assigned,  delivered  to  collector,  collection  agency,  etc., 
such  person  or  firm  not  entitled  to  benefits  of  act;  act  not  to  hold  more 
than  ten  per  cent  and  four  dollars  for  court  costs  before  judgment;  pay- 
ment of  balance  to  debtor;  taking  of  earnings  after  judgment;  act  not  to 
exempt  earnings  of  debtor  not  head  of  a  family.  Ten  (10%)  per  cent,  and 
court  cost  not  to  exceed  four  dollars  ($4),  and  no  more  of  the  earnings  of 
a  debtor  who  is  a  resident  of  this  state,  for  his  personal  services  at  any 
time  within  three  months  next  preceding  the  issuing  of  any  attach- 
ment, or  garnishment  process,  may  be  taken  and  applied  to  the  payment  of 
his  debts,  when  it  is  made  to  appear  by  the  debtor's  affidavit  or  otherwise, 
that  the  remainder  of  such  earnings  above  the  said  ten  (10%)  per  cent 
and  court  costs  not  to  exceed  four  dollars  ($4),  are  necessary  for  the 
maintenance  of  a  family  supported  wholly  or  partly  by  his  labor;  and 
such  earnings  of  any  such  debtor,  earned  during  any  one  calendar  month 
shall  be  subject  to  only  one  deduction  of  the  amount  herein  made  subject 
to  attachment,  or  garnishment  process,  and  one  application  of  such  de- 
duction in  one  action  shall  be  a  bar  to  any  deduction  in  any  other  action 
for  such  calendar  month,  regardless  of  where  or  by  whom  the  action  may 
be  brought :  Provided,  That  at  the  time  of  filing  such  affidavit  the  debtor 
shall  notify  the  plaintiff  or  his  agent  or  attorneys  thereof  in  writing  by 
serving  a  copy  of  said  affidavit  on  said  plaintiff  or  his  agent  or  attorneys : 

187 


§  538]  WAGES,  PAYMENT,  COLLECTION,  ETC.         [Ch.  43,  Art.  4 

And  provided,  That  nothing  herein  contained  shall  prevent  the  adverse 
party  from  controverting  the  matters  sought  to  be  proven  by  such 
affidavit  by  a  counter  affidavit,  or,  if  sought  to  be  proven  in  any  other 
manner,  the  same  may  be  controverted  by  any  competent  evidence: 
And  provided  further,  That  such  counter  affidavit  shall  be  filed  within 
forty-eight  hours  after  the  notice  of  the  filing  of  the  said  debtor's  affida- 
vit, and  final  hearing  shall  be  had  thereon  at  a  time  to  be  fixed  by  the 
court  or  judge  within  ten  days  from  the  notice  of  the  filing  of  the  debtor's 
affidavit,  if  pending  in  the  justice's  court,  and  if  pending  in  the  district 
court,  it  shall  be  tried  at  the  first  term  held  after  filing  such  affidavit: 
And  provided  further,  That  if  any  debtor  is  prevented,  on  account  of 
being  sick,  or  on  account  of  the  sickness  of  any  member  of  his  family, 
from  working  at  his  regular  trade,  profession  or  calling  for  any  period 
greater  than  two  weeks  and  this  fact  is  shown  by  the  testimony  of  a 
regular  admitted  and  practicing  physician,  the  provisions  of  this  act 
shall  not  be  invoked  against  any  such  debtor  until  after  the  expiration 
of  two  months  after  his  recovery  from  such  sickness:  And  provided  still 
further,  That  if  any  person,  firm  or  corporation  sells  or  assigns  his 
account  to  any  person  or  collecting  agency,  or  sends  or  delivers  the  same 
to  any  collector  or  collecting  agency  for  collection,  then  such  person,  firm 
or  corporation  or  the  assignees  of  either  shall  not  have  nor  be  entitled 
to  the  benefits  of  this  act:  And  provided  still  further,  That  nothing 
herein  shall  be  construed  to  hold  or  subject  to  execution,  attachment 
or  garnishment,  any  amount  of  such  debtor's  earnings  above  the  amount 
of  ten  per  cent  and  court  costs  of  ($4)  herein  held  to  pay  the  debt  of 
any  such  debtor,  until  after  judgment  may  be  obtained  against  such 
debtor,  and  any  employer  of  any  such  debtor  is  authorized  to  pay  to 
any  such  debtor  at  any  time  all  of  his  earnings  except  the  amount  of 
ten  per  cent  and  court  costs  of  ($4)  herein  made  subject  to  pay  his 
debts,  and  the  taking  of  any  of  the  earnings  of  any  debtor,  who  is  the 
head  of  a  family,  after  judgment,  shall  be  governed  by  the  laws  now  on 
the  statute  books  governing  attachment  and  garnishment  proceedings, 
but  nothing  herein  shall  be  construed  as  exempting  any  of  the  earnings 
of  any  debtor  who  is  not  the  head  of  a  family  dependent  wholly  or  in  part 
upon  him  for  support.  [G.  S.  1915,  §  7436.] 

Salary  due  from  a  county  to  a  deputy  sheriff  cannot  be  taken  by  garnishment.     Haddock 
v.  McDonald,  98  K.  628. 

Cases  construing  Old  Code,  §  490a : 

Waiver  of  exemption  laws  in  lease  not  effective  hereunder.     Burke  v.  Finley,  50  K.  424. 
Order  determining  exemption  is  final  order,  before  or  after  judgment.     Cunningham  v. 

Railway  Co.,  60  K.  268. 
See  annotations  under  preceding  section. 
Concerning  wages  earned  in  another  state,  see   §  536,  ante. 
Cases  construing   §  157   of  Justices'   Civil  Code,  which  section  was  repealed   by   L.    1913. 

ch.   232,   §  3: 
Earnings   necessary   for   support  of   family    exempt;    meaning   of    "family."      Seymour 

Sabin  &   Co.  v.   Cooper,    26  K.    539;    Harding  v.   Hendrix,    26.  K.    583;    Muzzy    & 

Tuttle  v-.  Lantry  &  Burr,  30  K.  49. 
Debts  created  after  service  of  garnishee  process  not  subject  thereto.     Muzzy   &  Tuttle 

v.  Lantry  &  Burr,  30  K.  49. 
Earnings  exempt   in   another  state,    held  exempt   in  this   state.      Mo.    Pac.    Rly.    Co.    v. 

Maltby  &  Co.,  34  K.  125. 

Earnings  exempt  whether  process  be  attachment,  garnishment  or  execution.      Zimmer- 
man v.  Franke,  34  K.  650. 
Injunction    to    prevent    creditor    from    proceeding    in    another    state.      Zimmerman    v. 

Franke,  34  K.  650. 
Meaning  of  family;    unmarried  son  held  not  part  of  family.      Zimmerman  v.   Franke, 

34  K.  650. 
Exemption   of   perspnal   earnings ;    no   distinction   between   residents    and   nonresidents. 

K.  C.  St.  J.  &  C.  B.  Rid.  Co.  v.  Gough  &  Linley,  35  K.  1. 
Damages    may    be    obtained    for    wrongful    appropriation    of    wages.       Stark    v.    Bare, 

39  K.  100. 

188 


Ch.  43,  Art.  6]         WAGES,  PAYMENT,  COLLECTION,  ETC.  [§§  539,  541 

ARTICLE  5.— Insolvency,  Wages  Preferred. 

§539.  Wages    of    employees    of    corporations,    partnerships    and    individuals    preferred    in 
case  of   insolvency. 

LAWS  OF  1901,  CH.  229. 

AX   ACT  to  prefer  the  wages  of  employees  of  corporations,   partnerships   and    individuals 

in  case  of  insolvency. 

§  539.  Wages  of  employees  of  corporations,  partnerships  and  indi- 
viduals preferred  in  case  of  insolvency.  That  whenever  a  receiver  shall 
be  appointed  of  the  estate  of  any  corporation,  copartnership,  or  indi- 
vidual, under  the  laws  of  this  state,  or  whenever  any  corporation,  co- 
partnership or  individual  shall  make  a  general  assignment  for  the  benefit 
of  the  creditors  of  such  corporation,  copartnership,  or  individual,  the 
wages  due  to  all  laborers  or  employees  other  than  officers  of  such  corpora- 
tion, accruing  within  the  six  months  immediately  preceding  such  appoint- 
ment of  a  receiver  or  such  assignment,  shall  be  preferred  to  every  other 
debt  or  claim  against  such  corporation,  copartnership,  or  individual,  and 
shall  be  paid  by  the  receiver  or  assignee  of  such  corporation,  copartner- 
ship or  individual  from  the  moneys  thereof  which  shall  first  come  into  the 
hands  of  such  receiver  or  assignee.  [G.  S.  1915,  §  5885.] 

Preference  not  defeated  by  applying  first  proceeds  to  other  purposes.     Geppelt   v.   Stone 
Co.,  90  K.  539. 

ARTICLE  6. — Resignation  or  Discharge  of  Employee,  Payment  of  Wages. 


§540.  Unlawful  for  firm  or  corporation  to 
refuse  or  neglect  to  pay  wages  of 
persons  leaving  service,  within  ten 
days  from  the  termination  of  such 
services ;  place  of  payment ;  notice 
in  writing  to  foreman,  etc. 


§541.  Penalty  for  failure  to  pay  wages  as 
provided  in  preceding  section : 
wages  continue  as  though  such 
party  still  in  the  service ;  wa?es 
not  to  continue  more  than  sixty 
days  unless  action  brought. 


LAWS  OF  1911,  CH.  219. 

AX  ACT  providing  when  wages  shall  be  paid  to  any  person  leaving  the  service,  either  by 
resignation  or  discharge,  of  any  firm  or  corporation ;  and  providing  penalty  for  viola- 
tion of  the  provision  of  this  act. 

§  540.  Unlawful  for  firm  or  corporation  to  refuse  or  neglect  to  pay 
wages  of  persons  leaving  service,  within  ten  days  from  the  termination 
of  such  services;  place  of  payment;  notice  in  writing  to  foreman,  etc.  It 

shall  be  unlawful  for  any  firm  or  corporation  employing  labor  within  this 
state,  to  refuse  or  neglect  to  pay  to  any  person  leaving  its  service  either 
by  resignation  or  discharge  any  money  due  as  wages  within  ten  days  from 
the  termination  of  such  services,  and  such  payment  must  be  made  either 
at  the  place  of  discharge  or  at  any  office  of  such  company  or  corporation 
within  the  state  as  may  be  designated  by  the  party  employed,  he  giving 
notice  in  writing,  to  the  foreman  or  party  in  charge  of  such  work.  [G.  S. 
1915,  §  5880.] 

§  541.  Penalty  for  failure  to  pay  wages  as  provided  in  preceding  sec- 
tion; wages  continue  as  though  such  party  still  in  the  service;  wages  not 
to  continue  more  than  60  days  unless  action  brought.  Any  corporation  or 
firm  failing  or  refusing  to  pay  wages  due  to  any  person  leaving  their  em- 
ployment, as  provided  in  section  1  of  this  act,  shall,  as  a  penalty  for  viola- 
tion thereof  for  such  nonpayment,  the  wages  of  such  servant  or  employee 
shall  continue  from  the  date  of  the  discharge  or  resignation  of  said  em- 
ployee, at  the  same  rate  as  if  he  was  still  in  the  service,  until  full  and 
complete  settlement  is  made :  Provided,  Such  wages  shall  not  continue  for 

189 


§§  542-545]  WAGES,  PAYMENT,  COLLECTION,  ETC.         [Ch.  43,  Art.  8 

more  than  60  days  unless  action  for  the  recovery  of  the  same  shall  have 
been  commenced  in  any  court  of  competent  jurisdiction  within  that  time. 
[G.  S.  1915,  §  5881.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  540,  supra. 

Section   5882   of  the  General  Statutes  of   1915  piovides,    "that   all  laws  and  parts 
of  laws  in  conflict  herewith  are  hereby  repealed." 

ARTICLE  7.— Semimonthly  Payment  by  Corporation.* 

§542.  Corporations  shall  pay  wages  of  me-    i    §543.   Penalty    for    violation    of    preceding 
chanics,   laborers,   etc.,   as  often  as  section. 


twice    each    month ;    not    apply    to 


544.   Repeal   of    acts    in    conflict   herewith. 


state  or  to  municipal  corporation. 

LAWS  OF  1915,  CH.  165. 

AN  ACT  concerning  corporations  and  requiring  same  to  pay  the  wages  of  employees  as 
often  as  semimonthly,  and  providing  penalties  for  the  violation  thereof,  and  repealing 
all  acts  or  parts  of  acts  in  so  far  only  as  in  conflict  with  this  act. 

§  542.  Corporation  shall  pay  wages  of  mechanics,  laborers,  etc.,  as 
often  as  twice  each  month;  not  apply  to  state  or  to  municipal  corporation. 

All  corporations  doing  business  in  this  state,  which  shall  employ  any 
mechanics,  laborers,  or  other  servants,  shall  pay  the  wages  of  such  em- 
ployees as  often  as  semimonthly:  Provided,  This  act  shall  not  apply  to 
the  state  or  any  municipal  corporation.  [G.  S.  1915,  §  2164.] 

§  543.  Penalty  for  violation  of  preceding  section.  Any  corporation 
violating  section  1  of  this  act  shall  be  deemed  guilty  of  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars  for  each  offense.  [G.  S.  1915,  §  2165.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  542,  supra. 

§  544.  Repeal  of  acts  in  conflict  herewith.  All  acts  or  parts  of  acts  in 
so  far  only  as  in  conflict  with  this  act  are  hereby  repealed.  [G.  S.  1915, 
§  2166.] 

ARTICLE  8.— Time  Checks,  Due  Bills,  Script,  Orders,  Etc. 


§545.  Time-check,  due-bill,  order  for  mer- 
chandise, etc.,  issued  for  wages 
to  be  dated  when  issued  and  pay- 
able in  money  after  fifteen  days; 
act  not  repeal  other  acts. 
546.  Maker  of  such  time-check,  due-bill, 
etc.,  liable  for  double  the  amount 
with  attorney  fee  for  failure  to 
redeem  same  in  money. 


§547.  Due-bill,  script,  order  for  merchan- 
dise, etc.,  issued  in  exchange  for 
all  or  any  part  of  a  time  check, 
due-bill,  script,  order  for  mer- 
chandise, etc.,  issued  in  payment 
of  wages  shall  be  payable  in 
money ;  exception  when  proper 
due  date  plainly  stated. 
548.  Penalty  for  violation  of  preceding 
section  by  any  person,  firm  or 
corporation. 

LAWS  OF  1899,  CH.  152. 

AN  ACT  to  compel  the  payment  in  lawful  money  of  the  United  States  of  all  time-checks, 
due-bills,  orders,  or  orders  for  merchandise  issued  in  payment  of  wages  for  labor. 

§  545.  Time-check,  due-bill,  order  for  merchandise,  etc.,  issued  for 
wages  to  be  dated  when  issued  and  payable  in  money  after  fifteen  days; 
act  not  to  repeal  other  acts.  That  any  time-check,  due-bill,  order  or 
orders  for  merchandise,  issued  by  any  person,  firm  or  corporation  to  any 
person  in  their  or  its  employ  in  payment  of  wages  for  labor,  shall  be  dated 
at  the  time  of  its  issuance,  and  after  fifteen  days  from  the  date  of  issu- 
ance, shall,  at  the  option  of  the  holder  thereof,  be  payable  by  the  maker 
in  lawful  money  of  the  United  States:  Provided,  That  nothing  in  this  act 

*  Concerning  payment  of  wages  to  minors,  see  §§  84,  85,  ante. 

190 


Ch.  43,  Art.  9]         WAGES,  PAYMENT,  COLLECTION,  ETC.  [§§  546-549 

shall  be  construed  to  repeal  any  law  now  on  the  statute  book.  [G.  S.  1915, 
§  5883.] 

§  540.  Maker  of  such  time-check,  due-bill,  etc.,  liable  for  double  the 
amount  with  attorney  fee  for  failure  to  redeem  same  in  money.  In  the 

event  the  maker  of  any  time-check,  due-bill  or  orders  for  merchandise 
issued  in  payment  of  wages  for  labor  shall  refuse  to  redeem  and  pay  the 
same  in  lawful  money  of  the  United  States,  and  the  holder  thereof  brings 
an  action  to  recover  thereon,  said  maker  shall  be  liable  for  double  the 
amount  of  said  time-check,  due-bill  or  order  for  merchandise  to  the  holder 
thereof,  together  with  a  reasonable  attorney  fee,  to  be  recovered  in  such 
action.  [G.  S.  1915,  §  5884.] 

LAWS  OF  1917,  CH.  229. 

AN  ACT  to  compel  the  payment  in  lawful  money  of  the  United  States  of  all  time  checks. 
,   due  bills,   script,    orders,    or   orders  for  merchandise   issued   in   payment   of   wages  for 
labor. 

§  547.  Due  bill,  script,  order  for  merchandise,  etc.,  issued  in  ex- 
change for  all  or  any  part  of  a  time  check,  due  bill,  script,  order  for  mer- 
chandise, etc.,  issued  in  payment  of  wages  shall  be  payable  in  money;  ex- 
ception when  proper  due  date  plainly  stated.  Any  due  bill,  script,  order 
or  orders  for  merchandise  issued  by  any  person,  firm  or  corporation  to 
any  person  in  exchange  for  all  or  any  part  of  a  time  check,  due  bill,  script, 
order  or  orders  for  merchandise  issued  by  any  person,  firm,  or  corporation 
to  any  one  in  their  or  its  employ  in  payment  of  wages  for  labor  shall,  at 
the  option  of  the  holder,  be  payable  on  demand  in  lawful  money  of  the 
United  States  unless  the  due  date  shall  be  plainly  and  specifically  stated 
thereon,  which  said  due  date  shall  not  be  more  than  fifteen  days  after 
date.  [Laws  1917,  ch.  229,  §  1 ;  May  26.] 

§  548.  Penalty  for  violation  of  preceding  section  by  any  person,  firm 
or  corporation.  Any  person,  firm,  or  corporation  violating  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  in  a  sum  of  not  less  than  $500  nor  more 
than  $1000  for  each  offense.  [Laws  1917,  ch.  229,  §  2;  May  26.] 

ARTICLE  9. — Time  for  Bringing  Actions  for  Wages. 

§549.   Time  for  bringing  action  upon  an  agreement,  contract  or  promise  in  writing;   con- 
tract,  not  in  writing,  express  or  implied,  etc. 

PART  OF  LAWS  OF  1909,  CH.  182. 

§  549.  Time  for  bringing  action  upon  an  agreement,  contract  or 
promise  in  writing;  contract,  not  in  writing,  express  or  implied,  etc. 

Civil  actions,  other  than  for  the  recovery  of  real  property,  can  only  be 
brought  within  the  following  periods,  after  the  cause  of  action  shall  have 
accrued,  and  not  afterwards : 

First. — Within  five  years:  An  action  upon  any  agreement,  contract  or 
promise  in  writing. 

Second. — Within  three  years :  An  action  upon  contract,  not  in  writing, 
express  or  implied;  an  action  upon  a  liability  created  by  statute,  other 
than  a  forfeiture  or  penalty. 

[G.  S.  1915,  §  6907.] 

First  clause : 

Five-year    limitation    applicable    to    action    on    promissory    note.      Robertson    v.    Tarrv 
83  K.   716. 

191 


§§550,551] 


WAGES,  PAYMENT,  COLLECTION,  ETC.        [Ch.  43,  Art.  10 


Second  clause: 

Statute    of    limitation    not    tolled    by    action    of    one    partner.       Brooks    v.    Campbell, 

97  K.  208. 
Cases  construing  former  act  containing  similar  provisions : 

Limitation  period  does  not  run  while  sxiit  is  pending.     Kothman  v.  Skaggs,  29  K.  5. 
Limitation  period   ineffective   against  state  unless   expressly  provided   in   statute.      The 

State  v.  School  district,  34  K.  237. 
First  clause : 

Bar  of  statute  may  be  removed  by  unqualified  written   admission.      Dezell   v.   Thayer, 

2  K.  A.  587. 
Where   demand    is  necessary,   statute  runs  from   date  of  demand.      Stevens   County  v. 

Tandler,  9  K.  A.  761. 
The    word    "contract"    herein    does    not    include    a    judgment.       Burnes    v.     Simpson, 

9.  K.  658. 
Statute  may   be   waived   by   express    agreement    in    writing.      Mead   v.    Insurance    Co., 

68  K.  432. 
Second  clause: 

Right  of   action  on   implied   contract  barred   after  three  years.      Comm'rs   of   Clay   Co. 

v.  Streeter,  2  K.  A.  498;  Seibert  v.  Baxter,   36  K.   189. 
Clause  applicable  to  action  against  stockholder  of  insolvent  corporation.     Fox  v.  Bank, 

9  K.  A.  18. 
Action    to    enforce    lien    for    fine    barred    after    three    years.      The    State    v.    Pfefferle, 

33  K.    718. 

Clause    applicable   to    action    upon    liability    created   by    statute.      Durein    v.    Pontious, 

34  K.  353. 

ARTICLE  10.— Weekly  Payment  in  Lawful  Money  by  Certain 
Corporations. 


§550.  Private  corporations  to  pay  wages 
in  lawful  money  of  the  United 
States,  and  not  later  than  Friday 
of  the  following  week ;  certain 
corporations  excepted. 

551.  Penalty  for  failure  to  pay  employees 

as   provided    in   preceding   section ; 
penalty   due  to    employees. 

552.  Wages    become    due    and    payable    as 

provided      in      preceding      section 
when     employee    discharged. 

553.  Time  within  which  employee  may  re- 

cover  such    penalties. 


§554.  Contract  or  agreement  violating  or 
evading  provisions  of  this  act  un- 
lawful and  void. 

555.  Wages     of     employees     of     contractor 

doing  work  for  such  corporation 
payable  as  herein  provided ;  lia- 
bility of  corporation  to  employees 
of  such  contractor. 

556.  Attorney    fee   taxed    and    collected    as 

part  of  judgment  when  necessary 
for  employee  to  bring  suit  for 
wages  due  as  provided  in  this  act. 


LAWS  OF  1893,  CH.  187. 

AN    ACT    providing   for   the    weekly   payment    of   wages    in    lawful   money    of    the    United 
States  by   certain  corporations,   and  providing  a   penalty  f,or  the  violation  thereof. 

§  550.  Private  corporations  to  pay  wages  in  lawful  money  of  the 
United  States,  and  not  later  than  Friday  of  the  following  week;  certain 
corporations  excepted.  All  private  corporations  doing  business  within 
this  state,  except  all  steam  surface  railways  and  except  corporations  en- 
gaged in  the  production  of  farm  and  dairy  products,  shall  pay  to  their 
employees  the  wages  earned  each  and  every  week  in  lawful  money  of  the 
United  States,  and  all  such  wages  shall  be  due  and  payable  and  shall  be 
paid  by  such  corporations  not  later  than  Friday  of  each  week  for  all  such 
wages  earned  the  preceding  week.  [G.  S.  1915,  §  5873.] 

The  constitutionality  of  this  act  was  questioned  in  a  suit  brought  in  the  district 
court  of  Sedgwick  county.  The  employee  had  accepted  a  payment  before  the  suit  was 
brought.  The  district  court  gave  judgment  for  the  employer  on  the  theory  that  the  act 
was  unconstitutional  and  void.  On  an  appeal  to  the  state  supreme  court  it  was  held 
that  the  employee  had  concluded  the  matter  by  accepting  payment,  as  such  acceptance 
was  held  to  be  a  waiver  of  the  right  to  penalties,  etc.  The  decision  of  the  district  court 
was  affirmed  on  that  ground,  without  passing  upon  the  constitutionality  of  the  act. 
Howell  v.  Machine  Co.,  86  K.  537. 

§  551.  Penalty  for  failure  to  pay  employees  as  provided  in  preceding 
section;  penalty  due  to  employees.  Whenever  such  corporation  fails  to 
pay  any  of  their  employees,  as  provided  in  section  1  of  this  act,  then  a 
penalty  shall  attach  to  such  corporation  and  become  due  to  such  em- 


192 


Ch.  43,  Art.  10]       WAGES,  PAYMENT,  COLLECTION,  ETC.  [§§  552-556 

ployees,  as  follows:  A  sum  equivalent  to  a  penalty  of  five  per  cent  per 
month  as  liquidated  damages;  and  such  penalty  shall  attach  and  become 
a  judgment  in  any  court  of  competent  jurisdiction,  and  the  penalty  shall 
continue  in  full  force  and  effect,  including  all  the  time  intervening  up  to 
time  of  final  payment.  [G.  S.  1915,  §  5874.] 

"Section  1  of  this  act,"  mentioned  herein,  is  §  550,  supra. 
Concerning  constitutionality  of  act,  see  note  to  foregoing  section. 

§  552.  Wages  become  due  and  payable  as  provided  in  preceding  sec- 
tion when  employee  discharged.  Whenever  any  employee  is  discharged 
from  the  employ  of  any  such  corporation,  then  the  wages  of  such  em- 
ployee shall  become  due  and  payable  in  the  same  manner  as  heretofore 
described  in  section  two.  [G.  S.  1915,  §  5875.] 

"Section  two,"  mentioned  herein,  is  §  551,  supra. 

§  553.    Time  within  which  employee  may  recover  such  penalties.    Any 

employee  may  recover  all  such  penalties  that  may,  by  violations  of  sec- 
tions two  and  three  of  this  act,  have  accrued  to  him  at  any  time  within 
six  months  succeeding  such  default  or  delay  in  the  payment  of  such 
wages.  [G.  S.  1915,  §  5876.] 

§  554.  Contract  or  agreement  violating  or  evading  provisions  of  this 
act  unlawful  and  void.  Any  contract  or  agreement  made  between  any 
such  corporation  and  any  parties  in  its  employ,  whose  provisions  shall  be 
in  violation,  evasion  or  circumvention  of  this  act,  shall  be  unlawful  and 
void  in  its  effects  as  to  such  corporations.  [G.  S.  1915,  §  5877.] 

§  555.  Wages  of  employees  of  contractor  doing  work  for  such  cor- 
poration payable  as  herein  provided ;  liability  of  corporation  to  employees 
of  such  contractor.  Whenever  any  such  corporation  shall  contract  any 
or  all  its  work  to  any  contractor,  then  it  shall  become  the  duty  of  such 
corporation  to  provide  that  the  employees  of  such  corporation  or  con- 
tractor shall  be  paid  according  to  the  provisions  of  this  act,  and  such 
corporation  shall  become  responsible  and  liable  to  the  employees  of  such 
contractor  in  the  same  manner  as  if  said  employees  were  employed  by 
such  corporation.  [G.  S.  1915,  §  5878.] 

§  556.  Attorney  fee  taxed  and  collected  as  part  of  judgment  when 
necessary  for  employee  to  bring  suit  for  wages  due  as  provided  in  this 
act.  Whenever  it  shall  become  necessary  for  employees  to  enter  or  main- 
tain a  suit  at  law  for  the  recovery  or  collection  of  wages  due  as  provided 
by  this  act,  then  such  judgment  shall  include  a  reasonable  attorney  fee, 
to  be  taxed  as  part  of  the  costs  in  the  case,  and  collected  under  the  same 
provisions  of  law  as  such  judgment.  [G.  S.  1915,  §  5879.] 


193 

-Labor— 1725. 


WORKMEN'S  COMPENSATION  ACT. 


[Ch.  44 


CHAPTER  44.— WORKMEN'S  COMPENSATION  ACT. 

(Annotated  to  April  1,   1918.) 


§557.  Employer  liable  to  pay  compensation 
for  personal  injury  to  employee  in 
accordance  with  this  act;  cases  in 
which  employer  shall  not  be  liable 
under  this  act. 

558.  Act    not    to    affect    liability    of    em- 

ployer or  employee  to  fine  or  pen- 
alty. 

559.  Principal  liable  for  compensation  un- 

der this  act  to  workmen  of  con- 
tractor under  such  principal ; 
principal  entitled  to  indemnity; 
workman  may  recover  from  con- 
tractor instead  of  from  principal; 
accidents  to  which  section  shall 
not  apply;  principal  contractor 
may  implead.  subcontractor;  prin- 
cipal contractor  paying  compen- 
sation may  recover  from  subcon- 
tractor. 

500.  Remedies  of  workman  against  em- 
ployer and  other  person  liable  for 
injury;  workman  not  entitled  to 
recover  both  damages  and  compen- 
sation ;  person  paying  compensa- 
tion entitled  to  damages  against 
person  liable  for  injury. 

561.  Employment   to   which    this   act   shall 

apply ;  employments  determined  to 
be  "especially  dangerous;  rights 
saved  which  accrued  before  publi- 
cation of  act;  agricultural  pur- 
suits exempted;  other  employers 
may  elect  to  come  within  provi- 
sions of  act;  written  statement; 
employees  of  such  employers 
within  act  unless  election  not  to 
come  within  act  filed. 

562.  Act  not  to  apply  to  business  or   em- 

ployments engaged  in  interstate 
commerce  or  to  persons  injured 
while  so  engaged. 

563.  Employers  to  whom  act  shall   apply; 

number  of  employees ;  other  em- 
ployers may  elect  to  come  within 
act ;  all  mines  within  provisions  of 
act. 

564.  Definitions     of     words     and    phrases 

used  in  this  act:  "railway,"  "fac- 
tory." "mine,"  "quarry,"  "elec- 
trical work,"  "building  work," 
"engineering  work,"  "employer," 
"workman,"  "dependents,"  "mem- 
bers of  a  family,"  and  "arising 
out  of  and  in  the  course  of  em- 
ployment." 

565.  Guardian    of    workman    mentally    in- 

competent or  a  minor,  or  guardian 
of  his  dependent  who  is  mentally 
incompetent  or  a  minor  may  exer- 
cise right,  privilege  or  election  ac- 
cruing under  act;  no  limitation 
shall  run  when  such  person  has 
no  guardian. 

566.  Amount    of    compensation    to    which 

workman  shall  be  entitled  under 
this  act ;  treatment  and  care  of  in- 
jured employees;  compensation 
where  death  results  from  injury; 
compensation  where  death  does 
not  result  from  the  injury;  per- 
manent loss  of  use  of  hand,  arm, 


etc.,  considered  as  equivalent  of 
loss  of  such  hand,  arm,  etc. ;  com- 
pensation exclusive  of  other  reme- 
dies or  causes  of  action. 
§567.  Rules  to  be  observed  in  computing 
average  annual  earnings  of  a 
workman;  credit  to  employer  for 
amounts  paid  prior  to  award  or 
judgment;  average  earnings  as 
basis  for  compensation  for  later 
injury  after  previous  disability. 

568.  Payments  to  be  made  in   same   man- 

ner as  wages  were  payable;  modi- 
fication of  such  regulation  by 
judge  o'f  district  court. 

569.  Payment  of  compensation  to  depend- 

ents ;  when  employer  shall  be  dis- 
charged; distribution  of  such  com- 
pensation among  dependents ;  dis- 
tribution of  medical  and  funeral 
expenses  where  there  are  no  de- 
pendents. 

570.  Claim   for   compensation,   or  compen- 

sation agreed  upon,  awarded,  etc., 
not  assignable  or  subject  to  levy, 
execution,  attachment,  garnish- 
ment, etc. ;  exemption  cannot  be 
waived. 

571.  Medical    examination  of  employee  by 

physician  or  surgeon  selected  by 
employer ;  either  party  may  re- 
quire report  of  physician  or  sur- 
geon selected  by  the  other  party ; 
fee ;  employee  entitled  to  have 
physician  or  surgeon  present ; 
physician  selected  by  employer  not 
allowed  to  give  evidence  of  condi- 
tion unless  opportunity  given  for 
physician  selected  by  employee  to 
participate  in  examination;  testi- 
mony of  physician. 

572.  Employment   of    neutral   physician   to 

make  examination  of  injured  per- 
son; expenses;  petition. 

573.  Physician   or  surgeon  of   employer  or 

employee  not  permitted  to  give  evi- 
dence unless  opportunity  given  to 
other  partv  to  have  physician  or 
surgeon  make  examination. 

574.  Refusal    of    employee    to    submit    to 

medical  examination ;  employee  or 
physician  or  surgeon  obstructing 
examination ;  employee's  right  to 
compensation  suspended  during 
such  period. 

575.  Report    of    examination    of    employee 

by  physician  or  surgeon  or  cer- 
tificate issued  not  competent  evi- 
dence unless  supported  by  testi- 
mony of  such  physician  or  sur- 
geon ;  report  or  certificate  inad- 
missible when  testimony  inadmis- 
sible. 

576.  Proceedings     for     recovery     of     com- 

pensation under  act  not  main- 
tainable unless  written  notice 
served  on  employer ;  matters  to  be 
stated  in  such  notice ;  claim  for 
compensation  required ;  service  of 
notice ;  effect  of  want  of  or  defect 
in  notice  or  service;  incapacity  of 
employee. 


194 


Ch.  44] 


WORKMEN'S  COMPENSATION  ACT. 


77.   Compensation    settled    by    agreement. 

578.  Settlement  of   compensation   by    com- 

mittee representative  of  employer 
and  workman  if  neither  party  ob- 
jects ;  power  of  committee  to 
adopt  rules;  settlement  by  single 
arbitrator ;  appointment  of  arbi- 
trator ;  consent  to  arbitration  to 
be  in  writing ;  questions  referred ; 
findings  that  may  be  required  by 
either  party. 

579.  Procedure    before    committee    or    ar- 

bitrator; making  and  filing  or 
award;  notice  of  filing;  extension 
of  time  for  filing  award ;  order  of 
court  to  compel  committee  or  ar- 
bitrator to  file  award. 

580.  Fees    of    arbitrator ;    amount    of    such 

fees  when  not  fixed  by  agree- 
ment; taxing  of  costs  and  fees  of 
arbitrator;  amount  taxed  to  em- 
ployer added  to  first  payment ; 
lien  of  arbitrator  on  first  pay- 
ments due  under  award. 

581.  Award  to  be' in  writing,   signed,   and 

acknowledged;  award  to  specify 
amount  due  and  unpaid  by  the 
employer  to  the  workman;  pay- 
ments to  be  provided  for;  lump 
sum ;  credit  for  previous  pay- 
ments. 

.382.  Modification  of  award  by  subsequent 
written  agreement:  agreement  not 
valid  unless  filed  by  employer 
within  sixty  days. 

583.  Employer     entitled     to     final     receipt 

upon  final  payment ;  final  receipt 
or  release  of  liability  to  be  filed 
by  employer  within  sixty  days; 
receipt  or  release  void  if  not  filed; 
clerk  of  district  court  to  accept, 
receipt  for,  and  file  every  award, 
agreement,  final  receipt,  etc.,  or 
copy  thereof,  without  fee;  record- 
ing and  indexing;  county  com- 
missioners to  furnish  records  and 
books. 

584.  Review   of    award,    etc.,    by   judge   of 

district  court  before  final  pay- 
ment made;  application  for  re- 
view ;  appointment  of  physicians 
and  surgeons  to  make  examina- 
tion and  report ;  other  evidence ; 
grounds  for  modification  of 
award ;  grounds  for  cancellation 
of  award ;  awards  to  which  sec- 
tion not  applicable. 

585.  Lump    sum    judgment    equal    to    80 

per  cent  of  amount  of  payments 
due  and  unpaid;  application  for 
judgment;  notice;  hearing  by 
court ;  ground  for  making  appli- 
cation ;  judgment ;  execution  not  to 
issue  if  bond  given  and  payments 
continued  according  to  original 
award. 

586.  Stay  of  proceedings  by   employer   on 

application  of  workman  for  judg- 
ment under  preceding  section;  fil- 
ing of  certificate  of  insurance 
company,  etc.,  that  amount  of 
compensation  is  insured  by  ft ; 
bond  to  secure  payment  of  com- 
pensation ;  approval  of  certificate 
or  bond  by  district  judge. 

587.  Redemption    of    award    by    employer 

after  payments  made  for  six 
months ;  amount  of  lump  sum  to 


be  paid;  determination  of  amount 
by  agreement ;  application  to 
judge  of  district  court;  notice; 
employer  discharged  from  further 
liability. 

§588.  Insurer  subrogated  to  rights  and 
duties  of  employer  where  payment 
of  compensation  to  workman  is 
insured  at  expense  of  employer. 

589.  Construction    of    references     in    this 

act  to  district  court  having  juris- 
diction of  civil  action  between  the 
parties ;  court  to  make  necessary 
rules. 

590.  Workman's     right     to     compensation 

determined  and  enforced  by  ac- 
tion ;  consent  to  arbitration ;  right 
to  jury  deemed  waived  unless  de- 
manded ;  judgment  for  lump  sum 
or  periodical  payments;  review  of 
judgment  after  six  months;  action 
where  death  results  from  injury; 
distribution  of  compensation;  ac- 
tion to  set  aside  release  joined 
with  action  for  compensation;  ac- 
tion not  to  be  brought  outside  the 
state;  notice  by  publication. 

591.  Cause   of    action    deemed    accrued    at 

time  of  accident ;  time  within 
which  action  must  be  brought 
shall  run  from  such  date. 

592.  Claim    of    attorney    at   law    for    serv- 

ices not  enforceable  lien  unless 
services  performed  under  con- 
tract in  writing;  approval  of  con- 
tract by  judge  of  district  court; 
submission  of  matter  to  judge ; 
notice. 

593.  Employer    may    contract    with    work- 

man for  substitution  of  scheme  of 
compensation,  benefit  or  insurance 
for  provisions  of  this  act ;  cer- 
tificate of  superintendent  of  insur- 
ance with  written  approval  of  at- 
torney-general required ;  employer 
liable  only  in  accordance  with 
such  scheme. 

594.  Scheme    not    to    be    certified    unless 

provisions  made  for  distribution 
of  moneys  or  securities  when 
scheme  terminated. 

595.  Revocation    of    certificate    and    termi- 

nation of  such  scheme  by  super- 
intendent of  insurance  by  and 
with  attorney-general ;  causes  for 
such  revocation. 

596.  Employer    to    answer    inquiries    and 

furnish  accounts  to  superintend- 
ent where  certified  scheme  in  ef- 
fect. 

597.  Superintendent     of     insurance     may 

make  rules  and  regulations  to 
carry  out  the  four  preceding  sec- 
tions. 

598.  Employers    entitled    to    come    within 

provisions  of  act  deemed  to  have 
done  so  unless  written  statement 
filed  with  secretary  of  state;  ex- 
ception as  to  certain  employers: 
change  of  election  by  filing  writ- 
ten declaration;  notice  of  election 
to  be  posted. 

599.  Employee     entitled     to     come     within 

provisions  of  act  deemed  to  have 
done  so  unless  written  declaration 
of  election  not  to  accept  filed  with 
secretary  of  state  and  duplicate 
with  employer  before  injury ; 


195 


§557] 


WORKMEN'S  COMPENSATION  ACT. 


[Ch.  44 


change  of  election ;  contract  re- 
quiring employee  to  make  such 
election  void. 

§600.  Action  by  employee  against  em- 
ployer who  has  elected  not  to  come 
within  provisions  of  act;  de- 
fenses of  assumption  of  risk  or 
hazard,  want  of  due  care  of  fel- 
low servant,  and  contributory 
negligence  of  employee,  abrogated. 
601.  Action  against  employer  operating 
under  provisions  of  act  by  em- 
ployee who  has  filed  election  not 


to 


accept  thereunder;  defenses  of 
^sumption  of  risk  or  hazard, 
want  of  due  care  of  fellow  serv- 
ant, and  contributory  negligence 
of  employee,  continued ;  defenses 
not  available  where  injury  caused 
by  willful  negligence  of  employer 
or  managing  officer  or  agent. 
§602.  Acts  which  shall  not  be  construed 
to  be  amended  or  repealed  by  this 
act. 

603.    Sections   repealed   by   Laws  of    1917, 
ch.    226. 


LAWS  OF  1911,  CH.  218,  AS  AMENDED  BY  LAWS  OF  1913,  CH.  216,  AND 
LAWS  OF  1917,  CH.  226. 

AN  ACT  to  provide  compensation  for  workmen  injured   in   certain   hazardous   industries. 

§557.  Employer  liable  to  pay  compensation  for  personal  injury  to 
employee  in  accordance  with  this  act;  cases  in  which  employer  shall  not 
be  liable  under  this  act.  The  obligation.  If  in  any  employment  to  which 
this  act  applies,  personal  injury  by  accident  arising  out  of  and  in  the 
course  of  eployment  is  caused  to  a  workman,  his  employer  shall,  subject 
as  hereinafter  mentioned,  be  liable  to  pay  compensation  to  the  workman 
in  accordance  with  this  act.  Save  as  herein  provided  no  such  employer 
shall  be  liable  for  any  injury  for  which  compensation  is  recoverable  under 
this  act:  Provided,  That  (a)  the  employer  shall  not  be  liable  under  this 
act  in  respect  of  any  injury  which  does  not  disable  the  workman  for  a 
period  of  at  least  one  week  from  earning  full  wages  at  the  work  at  which 
he  is  employed:  (b)  if  it  is  proved  that  the  injury  to  the  workman  re- 
sults from  his  deliberate  intention  to  cause  such  injury,  or  from  his  willful 
failure  to  use  a  guard  or  protection  against  accident  required  pursuant 
to  any  statute  and  provided  for  him,  or  a  reasonable  and  proper  guard 
and  protection  voluntarily  furnished  him  by  said  employer,  or  solely  from 
his  deliberate  breach  of  statutory  regulations  affecting  safety  of  life  or 
limb,  or  from  his  intoxication,  any  compensation  in  respect  to  that  injury 
shall  be  disallowed.  [G.  S.  1915,  §  5896,  as  amended  by  Laws  1917, 
ch.  226,  §27;  May  26.] 

Remedies    under    compensation    act    exclusive    where    both    parties    under    act       Shade    v 

Cement  Co.,  92  K.   147;  McRoberts  v.  Zinc  Co.,  93  K.  364. 
Act    held    valid;    does    not    violate    state    or    federal    constitution.      Shade    v.    Cement    Co 

93  K.  257. 


Action  cannot  be  joined  with  common-law  action  for   damages. 
93  K.  364. 


McRoberts   v.   Zinc   Co., 


Case  within  compensation  act,  tried  under  other  act,  judgment  sustained  Frere  v  Rail- 
way Co.,  94  K.  57. 

Injury  held  not  to  be  result  of  deliberate  intent  or  of  willful  failure  to  use  gvard  Messick 
v.  McEntire,  97  K.  813. 

Recovery  can  be  had  only  for  disability  resulting  from  injury  received  in  course  of  em- 
ployment, without  intervention  of  independent  cause;  not  augmented  by  incompetent 
or  negligent  surgical  treatment  although  employer  responsible  therefor  Ruth  v 
Witherspoon-Englar  Co.,  98  K.  179. 

Evidence  of  manner  in  which  injury  received  is  ordinarily  irrelevant;  testimony  of  ill 
treatment  by  foreman  may  be  prejudicial.  Ruth  v.  Witherspoon-Englar  Co..  98  K.  179 

Employer  required  to  use  ordinary  care  to  provide  employees  with  simple  tools  free  from 
defect.  Tarin  v.  Railway  Co.,  98  K.  605. 

Matters  relating  to  negligence  are  irrelevant  in  a  petition  under  this  act;  when  such  mat- 
ters stricken  from  petition.  Oliver  v.  Christopher,  98  K.  660. 

Allegations  negativing  anticipated  defense  unnecessary;  when  nonprejudicial  Oliver  v 
Christopher,  98  K.  660. 

Miner  injured  while  walking  from  room  where  working  to  bottom  of  shaft,  at  end  of 
day's  work;  injury  arose  out  of  and  in  course  of  employment.  Sedlock  v  'Mining  Co 

98  K.  680. 

Averments  in  petition  concerning  negligence,  mental  pain  and  anguish,  medical  expenses 
and  attorneys'  fees  not  proper  in  action  under  this  act.  Sillix  v.  Armour  &  Co 

99  K.  103,  107. 

196 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§§  558,  559 

Employer  not  liable  in  respect  to  injury  which  does  not  disable  employee  for  period 
specified.  Dennis  v.  Cafferty,  99  K.  810,  812. 

Whether  or  not  a  guard  provided  is  safe,  reasonable  and  proper  is  a  question  of  fact  to 
be  determined  from  the  evidence.  Binger  v.  Read,  101  K.  303. 

Defense  that  injuries  were  result  of  negligence  of  employee  in  failing  to  procure  proper 
medical  attention  held  not  sustained  by  the  evidence.  Dobish  v.  Packing  Co., 
101  K.  764. 

Iniury  not  shown  to  have  occurred  by  accident  in  course  of  employment;  evidence  held 
not  to  show  that  injury  occurred  at  defendant's  plant.  Davis  v.  Packing  Co., 
101  K.  769. 

Evidence  showed  that  workman  fell  and  was  hurt  while  working  in  defendant's  plant; 
evidence  held  sufficient  as  against  a  demurrer.  Madey  v.  Swift  &  Co.,  101  K.  771. 

Workman  injured  by  having  to  wade  through  flood  water  which  had  overflowed  de- 
fendant's car  works,  an  old  wound  on  his  foot  being  infected,  requiring  an  amputa- 
tion; held  the  injury  is  one  "by  accident"  and  that  it  is  one  "arising  out  of  and  in 
the  course  of  employment."  Monson  v.  Battelle,  102  K.  208. 

Act  does  not  extend  to  the  case  of  a  workman  engaged  in  interstate  commerce  who,  with- 
out his  employer's  fault,  is  injured  in  the  course  of  his  employment.  Matney  v. 
Railway  Co.,  102  K.  293. 

Employee  injured  by  having  mortar  playfully  or  wantonly  thrown  into  his  eye  by  a  fellow 
workman;  liability  of  employer  considered.  Stuart  v.  Kansas  City,  102  K.  307. 

Workman  who  is  injured  by  accident  arising  out  of  and  in  the  course  of  the  performance 
of  his  labor  is  entitled  "to  compensation,  although  he  cannot  explain  how  the  accident 
occurred.  Stuart  v.  Kansas  City,  102  K.  307. 

Compensation  can  be  recovered  where  inability  to  labor  is  caused  by  pain  resulting  from 
an  injury  received  in  an  accident  arising  out  of  and  in  the  course. of  the  employment. 
Trowbridge  v.  Wilson  &  Co.,  102  K.  521. 

§  558.  Act  not  to  affect  liability  of  employer  or  employee  to  fine  or 
penalty.  Reservation  of  penalties.  Nothing  in  this  act  shall  affect  the 
liability  of  the  employer  or  employee  to  a  fine  or  penalty  under  any  other 
statute.  [G.  S.  1915,  §  5897.] 

§  559.  Principal  liable  for  compensation  under  this  act  to  workmen  of 
contractor  under  such  principal;  principal  entitled  to  indemnity;  work- 
man may  recover  from  contractor  instead  of  principal;  accidents  to  which 
section  shall  not  apply;  principal  contractor  may  implead  subcontractor; 
principal  contractor  paying  compensation  may  recover  from  subcon- 
tractor. Subcontracting,  (a)  Where  any  person  (in  this  section  referred 
to  as  principal)  undertakes  to  execute  any  work  which  is  a  part  of  his 
trade  or  business  or  which  he  has  contracted  to  perform  and  contracts 
with  any  other  person  (in  this  section  referred  to  as  the  contractor)  for 
the  execution  by  or  under  the  contractor  of  the  whole  or  any  part  of  the 
work  undertaken  by  the  principal,  the  principal  shall  be  liable  to  pay  to 
any  workman  employed  in  the  execution  of  the  work  any  compensation 
under  this  act  which  he  would  have  been  liable  to  pay  if  that  workman 
had  been  immediately  employed  by  him;  and  where  compensation  is 
claimed  from  or  proceedings  are  taken  against  the  principal,  then,  in  the 
application  of  this  act,  references  to  the  principal  shall  be  substituted  for 
references  to  the  employer,  except  the  amount  of  compensation  shall  be 
calculated  with  reference  to  the  earnings  of  the  workman  under  the  em- 
ployer by  whom  he  is  immediately  employed.  (6)  Where  the  principal  is 
liable  to  pay  compensation  under  this  section,  he  shall  be  entitled  to  in- 
demnity from  any  person  who  would  have  been  liable  to  pay  compensa- 
tion to  the  workman  independently  of  this  section,  and  shall  have  a  cause 
of  action  therefor,  (c)  Nothing  in  this  section  shall  be  construed  as  pre- 
venting a  workman  from  recovering  compensation  under 'this  act  from  the 
contractor  instead  of  the  principal,  (d)  This  section  shall  not  apply  to 
any  case  where  the  accident  occurred  elsewhere  than  on  or  in,  or  about 
the  premises  on  which  the  principal  has  undertaken  to  execute  work  or 
which  are  otherwise  under  his  control  or  management,  or  on,  in,  or  about 
the  execution  of  such  work  under  his  control  or  management,  (e)  A 
principal  contractor,  when  sued  by  a  workman  of  a  subcontractor,  shall 

197 


§§  560, 561]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

have  the  right  to  implead  the  subcontractor.  (/)  The  principal  con- 
tractor who  pays  compensation  voluntarily  to  a  workman  of  a  subcon- 
tractor shall  have  the  right  to  recover  over  against  the  subcontractor. 
[G.  S.  1915,  §  5898.] 

Statute  attaches  no  liability  for  compensation  to  one  who  is  not  in  the  execution,  control 
or  management  of  the  work  wherein  the  injury  occurs.  Maughlelle  v.  Mining  Co., 
99  K.  412,  420. 

This  section  imposes  on  the  principal  only  such  liability  as  would  rest  on  him  had  he 
employed  the  workman  himself.  Roberts  v.  City  of  Ottawa,  101  K.  228,  230. 

§  560.  Remedies  of  workman  against  employer  and  other  person  liable 
for  injury;  workman  not  entitled  to  recover  both  damages  and  compensa- 
tion; person  paying  compensation  entitled  to  damages  against  person 
liable  for  injury.  Remedies  both  against  employer  and  stranger.  Where 
the  injury  for  which  compensation  is  payable  under  this  act  was  caused 
under  circumstances  creating  a  legal  liability  against  some  person  other 
than  the  employer  to  pay  damages  in  respect  thereof,  (a)  The  workman 
may  take  proceedings  against  that  person  to  recover  damages  and  against 
any  person  liable  to  pay  compensation  under  this  act  for  such  compen- 
sation, but  shall  not  be  entitled  to  recover  both  damages  and  compensa- 
tion; and  (6)  if  the  workman  has  recovered  compensation  under  this  act, 
the  person  by  whom  the  compensation  was  paid,  or  any  person  who  has 
been  called  on  to  indemnify  him  under  the  section  of  this  act  relating  to 
subcontracting,  shall  be  entitled  to  indemnity  from  the  person  so  liable  to 
pay  damages  as  aforesaid,  and  shall  be  surrogated  to  the  rights  of  the 
workman  to  recover  damages  therefor.  [G.  S.  1915,  §  5899.] 

§561.  Employment  to  which  this  act  shall  apply;  employments  de- 
termined to  be  especially  dangerous;  rights  saved  which  accrued  before 
publication  of  act;  agricultural  pursuits  exempted;  other  employers  may 
elect  to  come  within  provisions  of  act;  written  statement;  employees  of 
such  employers  within  act  unless  election  not  to  come  within  act  filed. 
Application  of  the  act.  That  this  act  shall  apply  only  to  employment  in 
the  course  of  the  employer's  trade  or  business  on,  in  or  about  a  railway, 
factory,  mine  or  quarry,  electric,  building  or  engineering  work,  laundry, 
natural  gas  plant,  county  and  municipal  work,  and  all  employments  where- 
in a  process  requiring  the  use  of  any  dangerous  explosive  or  inflammable 
materials  is  carried  on,  which  is  conducted  for  the  purpose  of  business, 
trade  or  gain;  each  of  which  employments  are  hereby  determined  to  be 
especially  dangerous,  in  which  from  the  nature,  conditions  or  means  of 
prosecution  of  the  work  therein,  extraordinary  risk  to  the  life  and  limb  of 
the  workmen  engaged  therein  are  inherent,  necessary,  or  substantially  un- 
avoidable, and  as  to  each  of  which  employment  it  is  deemed  necessary  to 
establish  a  new  system  of  compensation  for  injuries  to  workmen.  This 
act  shall  not  apply  in  any  case  where  the  accident  occurred  before  this  act 
takes  effect,  and  all  rights  which  have  accrued,  by  reason  of  any  such 
accident,  at  the  time  of  the  publication  of  this  act,  shall  be  saved  the 
remedies  now  existing  therefor  and  the  court  shall  have  the  same  power 
as  to  them  as  if  £his  act  had  not  been  enacted.  Agricultural  pursuits  and 
employments  incident  thereto  are  hereby  declared  to  be  nonhazardous 
and  exempt  from  provisions  of  this  act;  provided,  that  employers  whose 
work,  trade  or  business  is  not  such  as  described  and  included  in  this 
section  of  this  act,  and  employers  commencing  or  renewing  in  this  state 
any  work,  trade  or  business,  may  elect  to  come  within  the  provisions  of 
this  act  by  filing  with  the  secretary  of  state  a  written  statement  of  election 

198 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§§  562, 563 

to  accept  thereunder,  and  such  election  shall  be  effective  when  so  filed,  and 
such  election  shall  continue  in  effect  unless  and  until  such  employer  there- 
after desiring  to  change  his  election  shall  do  so  by  filing  a  written  declara- 
tion thereof  with  the  secretary  of  state,  and  the  employee  of  any  such 
employer  so  filing  such  election  shall  be  included  herein  unless  such  em- 
ployee elects  not  to  come  within  this  act  as  provided  by  section  24  of  th 
act,  and  if  the  employee  of  such  employer  elects  not  to  come  within  the 
provisions  of  this  act,  as  herein  provided,  such  election  shall  continue  in 
effect  unless  and  until  such  employee  thereafter  desiring  to  change  his 
election  shall  do  so  by  filing  a  written  declaration  thereof  with  the  secre- 
tary of  state.  [G.  S.  1915,  §  5900,  as  amended  by  Laws  1917,  ch.  226,-  §  1; 
May  26.] 

"Section  24  of  this  act,"  mentioned  herein,  relates  to  section  24  of  chapter  226  of 

the  Laws  of  1917,  which  is  printed  as  §  599,  post. 
Cases  construing  section  before  last  amendment: 

Clerical  employees  in  city  clerk's  office  not  within  compensation  act.  Udey  v.  City  of 
\Vinfield,  97  K.  279. 

Liability  of  owner  of  mine  for  negligence  of  independent  contractor,  considered. 
Maughlelle  v.  Mining  Co.,  99  K.  412,  418. 

Act  does  not  apply  to  case  of  police  officer  of  city  who  is  killed  in  discharge  of  duties. 
Griswold  v.  City  of  Wichita,  99  K.  502. 

A  county  in  resurfacing  a  county  road  is  not  engaged  in  trade  or  business  within  the 
terms  or  operation  of  this  act;  county  not  liable  under  this  act  to  employee.  Gray 
v.  Sedgwick  County,  101  K.  195. 

Workman  in  mine  who  was  injured  on  interurbau  track  by  being  struck  by  an  inter- 
urban  oar  while  going  from  one  mine  to  another  on  a  necessary  errand,  held  not 
to  have  been  injured  by  an  accident  on,  in  or  about  a  mine,  within  the  meaning 
of  this  act.  Bevard  v.  Coal  Co.,  101  K.  207. 

A  city  in  constructing  a  lateral  sewer  is  not  engaged  in  an  enterprise  involving  any 
element  of  gain  or  profit,  and  therefore  is  not  within  the  terms  or  operation  of 
this  act.  Roberts  v.  City  of  Ottawa,  101  K.  228. 

Injuries  received  by  a  truck  driver  while  engaged  in  delivering  meat  to  customers, 
held  not  to  have  been  received  on,  in  or  about  a  factory  or  other  designated  estab- 
lishment;  recovery  for  such  injuries  not  authorized  by  act.  Hicks  v.  Swift  &  Co., 
101  K.  760. 

Workman  injured  by  having  to  wade  through  flood  water  which  had  overflowed  de- 
fendant's car  works,  an  old  wound  on  his  foot  being  infected,  requiring  an  ampu- 
tation ;  held  injury  occurred  on  premises  where  workman  was  employed.  Monson 
v.  Battelle,  102  K.  208. 

Act  does  not  extend  to  the  case  of  a  workman  engaged  in  interstate  commerce  who, 
without  his  employer's  fault,  is  injured  in  the  course  of  his  employment.  Matney 
v.  Railway  Co.,  102  K.  293. 

While  constructing  a  sewer,  a  city  is  not  engaged  in  an  enterprise  involving  any  ele- 
ment of  gain  or  profit,  and  does  not  come  within  the  terms  or  operation  of  this 
act.  Redfern  v.  City  of  Anthony,  102  K.  484. 

§  562.  Act  not  to  apply  to  business  or  employments  engaged  in  inter- 
state commerce  or  to  persons  injured  while  so  engaged.  This  act  shall 
not  be  construed  to  apply  to  business  or  employments  which,  according 
to  law,  are  so  engaged  in  interstate  commerce  as  to  be  not  subject  to  the 
legislative  power  of  the  state,  nor  to  persons  injured  while  they  are  so 
engaged.  [G.  S.  1915,  §  5901.] 

Act  does  not  extend  to  the  case  of  a  workman  engaged  in  interstate  commerce  who,  with- 
out his  employer's  fault,  is  injured  in  the  course  of  his  employment.  Matney  v.  Rail- 
way Co.,  102  K.  293. 

§563.  Employers  to  whom  act  shall  apply;  number  of  employees; 
other  employers  may  elect  to  come  within  act;  all  mines  within  provisions 
of  act.  It  is  hereby  determined  that  the  necessity  for  this  law  and  the 
reason  for  its  enactment,  exist  only  with  regard  to  employers  who  employ 
a  considerable  number  of  persons.  This  act,  therefore,  shall  only  apply 
to  employers  by  whom  five  or  more  workmen  have  been  (employed)  con- 
tinuously for  more  than  one  month  at  the  time  of  the  accident:  Provided, 
however,  That  employers  having  less  than  five  workmen  may  elect  to  come 
within  the  provisions  of  this  act  in  which  case  his  employees  shall  be  in- 

199 


§  564]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

eluded  herein,  as  hereinafter  provided:  And  provided  further,  That  this 
act  shall  apply  to  mines  without  regard  to  number  of  workmen  employed. 
[G.  S.  1915,  §  5902.] 

Election    to   come  within   act,    under   act   of   1911,    discussed.      Spottsville   v.    Cement    Co.. 

94  K.  258. 
Number  of  workmen  employed,  considered.     Udey  v.  City  of  Winfield,  97  K.  279. 

§  564.  Definitions  of  words  and  phrases  used  in  this  act:  "railway," 
"factory,"  "mine,"  "quarry,"  "electrical  work,"  "building  work,"  "engi- 
neering work,"  "employer,"  "workman,"  "dependents,"  "members  of  a 
family,"  and  "arising  out  of  and  in  the  course  of  employment."  Defini- 
tion^. In  this  act,  unless  the  context  otherwise  requires:  (a)  "Railway" 
includes  street  railways  and  interurbans;  and  "employment  on  railways" 
includes  work  in  depots,  power  houses,  round  houses,  machine  shops, 
yards,  and  upon  the  right  of  way,  and  in  the  operation  of  its  engines,  cars 
and  trains,  and  to  employees  of  express  companies  while  running  on  rail- 
road trains,  except  as  provided  in  section  5901  of  General  Statutes  of 
1915.  (b)  "Factory"  means  any  premises  wherein  power  is  used  in  manu- 
facturing, making,  altering,  adapting,  ornamenting,  finishing,  repairing 
or  renovating  any  article  or  articles  for  the  purpose  of  trade  or  gain  or 
of  the  business  carried  on  therein,  including  expressly  any  brick  yard, 
meat-packing  house,  foundry,  smelter,  oil  refinery,  lime-burning  plant, 
steam  heating  plant,  electric  lighting  plant,  electric  powe~  "  and 

water  power  plant,  grain  elevator,  powder  plant,  blast  furnace,  paper 
mill,  printing  plant,  flour  mill,  glass  factory,  beet  sugar  factory,  cement 
plant,  artificial  gas  plant,  machine  or  repair  shop,  salt  plant,  and  chemical 
manufacturing  plant,  (c)  "Mine"  means  any  opening  in  the  earth  for 
the  purpose  of  extracting  any  minerals  and  all  underground  workings, 
slopes,  shafts,  galleries  and  tunnels,  and  other  ways,  cuts  and  openings 
connected  therewith,  including  those  in  the  course  of  being  opened,  sunk 
or  driven;  and  includes  all  the  appurtenant  structures  at  or  about  the 
openings  of  the  mine,  and  any  adjoining  adjacent  work  place  where  the 
material  from  a  mine  is  prepared  for  use  or  shipment,  (rf)  "Quarry" 
means  any  place,  not  a  mine,  where  stone,  slate,  clay,  sand,  gravel,  or 
other  solid  material  is  dug  or  otherwise  extracted  from  the  earth  for  the 
purpose  of  trade  or  bargain  or  of  employer's  trade  or  business,  (e) 
"Electrical  work"  means  any  kind  of  work  in  or  directly  connected  with 
the  construction,  installation,  operation,  alteration,  removal,  or  repair  of 
wires,  cables,  switchboards  or  apparatus  used  for  the  transmission  of 
electrical  current,  or  operation  of  telegraph  or  telephone  lines.  (/) 
"Building  work"  means  any  work  in  the  erection,  construction,  extension, 
decoration,  alteration,  repair  or  demolition  of  any  building  or  structural 
appurtenances,  (g)  "Engineering  work"  means  any  work  in  the  con- 
struction, alteration,  extension,  repair  or  demolition  of  a  railway  (as 
hereinbefore  defined),  bridge,  jetty,  dyke,  dam,  reservoir,  underground 
conduit,  pole  lines  constructed  or  used  for  carrying  conductors,  sewer,  oil 
or  gas  well,  oil  tank,  gas  tank,  water  tower,  or  waterworks  (including 
standpipes  or  mains) ,  any  caisson  work  or  work  in  artificially  compressed 
air,  any  work  in  dredging,  pile  driving,  moving  buildings,  moving  safes, 
construction  and  repairing  of  streets,  roads  and  highways,  or  in  laying, 
repairing  or  removing  underground  pipes  and  connections;  the  erection, 
installing,  repairing,  or  removing  of  boilers,  furnaces,  engines  and  power 
machinery  (including  belting  and  other  connections),  and  any  work  in 
grading  or  excavating  where  shoring  is  necessary  or  power  machinery  or 

200 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§  564 

blasting  powder,  dynamite  or  other  high  explosives  are  in  use  (excluding 
mining  and  quarrying),  (h)  "Employer"  includes  any  person  or  body 
of  persons,  corporate  or  unincorporate,  and  the  legal  representatives  of  a 
deceased  employer  or  the  receiver  or  trustee  of  a  person,  corporation, 
association  or  partnership;  and  when  any  mine,  quarry,  factory,  or  other 
place,  covered  by  the  provisions  of  this  act  in  which  work  is  being  or  to 
be  performed,  is  leased  or  let  to  any  lessee  or  lessees  under  any  form  of 
contract  or  agreement  other  than  on  a  royalty  basis,  then  and  in  all  such 
cases  the  lessee  or  lessees  and  the  lessor  or  lessors  shall  be  deemed  to  be 
operating  said  mine,  quarry,  factory  or  other  place  described  above  as 
employers  jointly,  (i)  "Workman"  means  any  person  who  has  entered 
into  the  employment  of  or  works  under  contract  of  service  or  apprentice- 
ship with  an  employer,  but  does  not  include  a  person  who  is  employed 
otherwise  than  for  the  purpose  of  the  employer's  trade  or  business.  Any 
reference  to  a  workman  who  has  been  injured  shall,  where  the  workman 
is  dead,  include  a  reference  to  his  dependents,  as  hereinafter  defined,  or 
to  his  legal  representatives,  or  where  he  is  a  minor  or  incompetent,  to  his 
guardian.  (;)  "Dependents"  means  such  members  of  the  workman's 
family  as  were  wholly  or  in  part  dependent  upon  the  workman  at  the  time 
of  the  accident.  "Members  of  a  family,"  for  the  purpose  of  this  act, 
means  only  widow  or  husband,  as  the  case  may  be,  and  children;  or  if  no 
widow,  husband,  or  children,  then  parents  or  grandparents;  or  if  no 
parents  or  grandparents,  then  grandchildren ;  or  if  no  grandchildren,  then 
brothers  and  sisters.  In  the  meaning  of  this  section  parents  include  step- 
parents, children  include  step-children,  and  grandchildren  include  step- 
grandchildren,  and  brothers  and  sisters  include  stepbrothers  and  step- 
sisters, and  children  and  parents  include  that  relation  by  legal  adoption. 
In  the  meaning  of  this  section  a  widow  shall  not  be  regarded  as  a  depend- 
ent of  a  deceased  workman  nor  as  a  member  of  his  family,  if  she  shall 
have  for  more  than  six  months  willfully  or  voluntarily  deserted  or  aban- 
doned him  prior  to  the  date  of  his  death;  and  a  husband,  whether  he  be 
capable  of  wage  earning  or  not,  shall  not,  within  the  meaning  of  this  sec- 
tion, be  regarded  as  a  dependent  of  his  deceased  wife,  nor  as  a  member 
of  her  family,  if  he  shall  have  for  more  than  six  months  willfully  or  vol- 
untarily deserted  or  abandoned  her  prior  to  the  time  of  her  death,  (k) 
The  words  "arising  out  of  and  in  the  course  of  employment"  as  used  in 
this  act  shall  not  be  construed  to  include  injuries  to  the  employee  occur- 
ring while  he  is  on  his  way  to  assume  the  duties  of  his  employment  or 
after  leaving  such  duties,  the  approximate  cause  of  which  injury  is  not 
the  employer's  negligence.  [G.  S.  1915,  §  5903,  as  amended  by  L.  1917, 
ch.  226,  §2;  May  26.] 

"Section  5901  of  the  General  Statutes  of  1915,"  mentioned  herein,  is  §  562,  supra. 
Cases  construing  section  before  last  amendment: 

Mother  held  partly  dependent  upon  son,  under  facts  stated.     Smith  v.  Sash  &  Door  Co., 

96  K.  816. 
Adult  son  married  and  living  with  his  wife   and  children,   separate  from  his  mother, 

not  a  member  of  his  mother's  family.     Taylor  v.  Sulzberger  &  Sons  Co.,  98  K.  169. 
Meaning  of  "dependents"  as  used  in  this  act,  considered;  persons  included.     Taylor  v. 

Sulzberger  &  Sons  Co.,  98  K.  169. 
Miner  injured  while  walking  from  room  where  working  to  bottom  of  shaft  at  end  of 

day's  work;  injury  arose  out  of  and  in  course  of  employment.     Sedlock  v.  Mining 

Co.,  98  K.  680. 

Place    where    workman    employed    in    making    and    repairing    barrels,    where    no    me- 
chanical power  used,  not  a  "factory"  within  meaning  of  section.     Menke  v.  Hauber, 

99  K.  171. 
Police   officer   of    city    of   the   first   class   is   not   a    "workman"    as   defined   by    this   act. 

Griswold  v.  City  of  Wichita,  99  K.  502. 

201 


§§  565, 566]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

''Legal    adoption"    means    adoption    according    to    the    statute    governing    that    subject. 

and  does  not  extend  to  a  child  taken  into  a  family  and  treated  as  natural  offspring 

under    an    agreement    to    adopt,    which    was    not    performed.      Ellis    v.    Coal    Co., 

100  K.  187. 
Dependency    of    parents    upon    minor    son,    considered ;    finding    of    partial    dependency 

held    sustained    by    evidence,    although    father    shown    to    own    property    and    to    be 

employed.     Fennimore  v.  Coal  Co.,   100  K.   372. 
A  county  in  resurfacing  a  county  road  is  not  engaged  in  trade  or  business  within  the 

terms    or    operation    of    this    act;    county    not    liable    under    this    act    to    employee. 

Gray  v.  Sedgwick  County,  101  K.  195. 
Workman  in  mine  held  not  to  be  "about"   a  mine,  within  the  terms  of  this  act,   when 

he   was   injured  on   an    interurban   track   while   going   from    one   mine   to    another. 

Bevard  v.  'Coal  Co.,   101  K.  207. 

"Factory"   is  restricted  to  the  premises  where    [mechanical]    power   is   used   in   manu- 
facturing  or   preparing   articles  for   sale;    truck  used   in   delivering   not   a   part  of 

factory.     Hicks  v.  Swift  &  Co.,  101  K.  760. 

§  565.  Guardian  of  workman  mentally  incompetent  or  a  minor,  or 
guardian  of  his  dependent  who  is  mentally  incompetent  or  a  minor  may 
exercise  right,  privilege  or  election  accruing  under  act;  no  limitation 
shall  run  when  such  person  has  no  guardian.  Incompetency  of  workman. 
In  case  an  injured  workman  is  mentally  incompetent  or  a  minor,  or  where 
death  results  from  the  injury,  in  case  any  of  his  dependents  as  herein  de- 
fined is  mentally  incompetent  or  a  minor,  at  the  time  when  any  right, 
privilege  or  election  accrues  to  him  under  this  act,  his  guardian  may,  in 
his  behalf,  claim  and  exercise  such  right,  privilege,  or  election,  and  no 
limitation  of  time,  in  this  act  provided  for,  shall  run,  so  long  as  such 
incompetent  or  minor  has  no  guardian.  [G.  S.  1915,  §  5904.] 

§  566.  Amount  of  compensation  to  which  workman  shall  be  entitled 
under  this  act;  treatment  and  care  of  injured  employees;  compensation 
where  death  results  from  injury;  compensation  where  death  does  not  re- 
sult from  the  injury;  permanent  loss  of  use  of  hand,  arm,  etc.,  considered 
as  equivalent  of  loss  of  such  hand,  arm,  etc.;  compensation  exclusive  of 
other  remedies  or  causes  of  action.  The  amount  of  compensation  under 
this  act  shall  be:  1.  Treatment  and  care  of  injured  employees.  On  de- 
mand, the  employer  shall  pay  the  cost,  not  exceeding  $150,  of  a  physician 
and  all  such  medical,  surgical-  and  hospital  treatment,  including  nursing, 
medicines,  medical  and  surgical  supplies,  crutches  and  apparatus  as  may 
be  reasonably  necessary  for  a  period  of  not  longer  than  50  days,  to  cure 
and  relieve  from  the  effects  of  the  injury,  and  in  case  of  the  refusal  or 
neglect  of  the  employer  to  seasonably  do  so,  the  employer  shall  be  liable 
for  the  reasonable  expenses  incurred  by  or  on  behalf  of  the  employee  in 
providing  the  same  within  the  limits  as  to  time  and  amount  hereinbefore 
expressed:  Provided,  That  no  employer  shall  be  liable  for  any  medical, 
surgical  and  hospital  treatment,  including  nursing,  medicines,  medical  and 
surgical  supplies,  crutches  and  apparatus,  nor  for  any  physician's  or 
surgeon's  fees  in  excess  of  the  amount  hereinbefore  set  forth.  2.  Where 
death  results  from  injury,  (a)  If  a  workman  leaves  any  dependents 
wholly  dependent  upon  his  earnings,  a  sum  equal  to  three  times  his  aver- 
age yearly  earnings,  computed  as  provided  in  section  4  of  this  act,  but  not 
exceeding  thirty-eight  hundred  dollars  ($3800)  and  not  less  than  fourteen 
hundred  dollars  ($1400)  :  Provided,  That  any  payment  under  this  act  on 
account  of  any  injury  from  which  death  shall  thereafter  result,  except 
such  payments  as  may  be  made  under  paragraph  1  of  this  section,  shall 
be  deducted  from  such  sum:  And  provided,  however,  That  if  the  workman 
does  not  leave  any  dependents  citizens  of  and  residing  at  the  time  of  the 
accident  and  injury  in  the  United  States  or  the  Dominion  of  Canada,  the 
amount  of  compensation  shall  not  exceed  in  any  case  the  sum  of  seven 
hundred  fifty  dollars  ($750).  (b)  If  a  workman  does  not  leave  any  such 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§  566 

dependents,  but  leaves  dependents  in  part  dependent  on  his  earnings,  such 
proportion  of  the  amount  payable  under  the  provisions  of  paragraph  2  (a) 
of  this  section  as  may  be  agreed  upon  or  determined  to  be  proportionate 
to  the  degree  of  dependency  of  the  said  dependents,  (c)  If  a  workman 
does  not  leave  any  dependents,  the  reasonable  expense  of  his  burial,  not 
exceeding  one  hundred  and  fifty  dollars  ($150).  (d)  Marriage  of  any 
dependent  shall  terminate  all  compensation  of  such  dependent,  but  shall 
not  affect  the  compensation  allowed  other  dependents.  When  any  minor 
dependent,  not  physically  or  mentally  incapable  of  wage  earning  shall  be- 
come eighteen  (18)  years  of  age,  such  compensation  shall  cease.  3.  Where 
death  does  not  result  from  the  injury,  (a)  Where  total  permanent  dis- 
ability results  from  the  injury,  no  compensation  shall  be  paid  during  the 
first  week  of  disability,  except  that  provided  in  paragraph  1  of  this  section, 
but  after  the  expiration  of  said  first  week,  payment  shall  be  made  as  pro- 
vided in  section  5907  of  the  General  Statutes  of  1915  during  such  per- 
manent total  disability  of  a  sum  equal  to  (60)  sixty  per  cent  of  the  aver- 
age weekly  earnings  of  the  injured  workman,  computed  as  provided  in 
section  4  of  this  act,  but  in  no  case  less  than  $6  per  week,  nor  more  than 
$15  per  week.  The  payment  of  compensation  for  total  permanent  dis- 
ability shall  not  extend  over  a  period  exceeding  eight  years  from  the  date 
of  injury.  Loss  of  both  eyes,  both  hands,  both  arms,  both  feet  or  both 
legs  shall,  in  the  absence  of  proof  to  the  contrary,  constitute  total  per- 
manent disability.  Substantially  total  paralysis,  or  incurable  imbecility 
or  insanity,  resulting  from  an  injury  independent  of  all  other  causes,  shall 
constitute  total  permanent  disability.  In  all  other  cases  total  permanent 
disability  shall  be  determined  in  accordance  with  the  facts.  (6)  Where 
temporary  total  disability  results  from  the  injury  no  compensation  shall 
be  paid  during  the  first  week  of  disability,  except  that  provided  in  para- 
graph 1  of  this  section,  but  after  the  expiration  of  said  first  week  pay- 
ment shall  be  made  in  accordance  with  the  provisions  of  section  5907  of 
the  General  Statutes  of  1915,  during  such  temporary  total  disability,  of 
a  sum  equal  to  sixty  per  cent  of  the  average  weekly  earnings  of  the  in- 
jured workman,  computed  as  provided  in  section  4  of  this  act,  but  in  no 
case  less  than  $6  per  week  nor  more  than  $15  per  week:  Provided,  That  if 
such  temporary  total  disability  is  followed  by  a  permanent  partial  dis- 
ability resulting  from  the  injury,  payment  for  such  permanent  partial 
disability  shall  be  made  as  provided  in  clause  (c)  of  this  paragraph  of 
this  section,  (c)  Where  disability,  partial  in  character  but  permanent  in 
quality,  results  from  the  injury,  the  injured  workman  shall  be  entitled  to 
the  compensation  provided  in  paragraph  1  of  this  section,  but  shall  not 
be  entitled  to  any  other  or  further  compensation  for  or  during  the  first 
week  following  the  injury.  Thereafter,  compensation  in  a  lump  sum  shall 
be  paid  as  provided  in  the  following  schedule,  the  average  weekly  wages  to 
be  computed  as  provided  in  section  4  of  this  act,  and  the  compensation  to 
be  in  no  case  less  than  $6  per  week  nor  more  than  $12  per  week. 

(1)  For  the  loss  of  a  thumb,  50  per  cent  of  the  average  weekly  wages 
during  60  weeks. 

(2)  For  the  loss  of  a  first  finger,  commonly  called  the  index  finger, 
50  per  cent  of  the  average  weekly  wages  during  37  weeks. 

(3)  For  the  loss  of  a  second  finger,  50  per  cent  of  the  average  weekly 
wages  during  30  weeks. 

(4)  For  the  loss  of  a  third  finger,  50  per  cent  of  the  average  weekly 
wages  during  20  weeks. 


§  566]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

(5)  For  the  loss  of  a  fourth  finger,  commonly  called  the  little  finger, 
50  per  cent  of  the  average  weekly  wages  during  15  weeks. 

(6)  The  loss  of  the  first  phalange  of  the  thumb  or  of  any  finger  shall 
be  considered  to  be  equal  to  the  loss  of  one-half  of  such  thumb  or  finger, 
and  the  compensation  shall  be  one-half  of  the  amounts  specified  above. 
The  loss  of  the  first  phalange  and  any  part  of  the  second  phalange  of  any 
finger,  which  includes  the  loss  of  any  part  of  the  bone  of  such  second 
phalange,  shall  be  considered  to  be  equal  to  the  loss  of  two-thirds  of  such 
finger,  and  the  compensation  shall  be  two-thirds  of  the  amounts  specified 
above.    The  loss  of  the  first  phalange  and  any  part  of  the  second  phalange 
of  a  thumb,  which  includes  the  loss  of  any  part  of  the  bone  of  such  second 
phaiange,  shall  be  considered  to  be  equal  to  the  loss  of  the  entire  thumb. 
The  loss  of  the  first  and  second  phalanges  and  any  part  of  the  third  proxi- 
mal phalanges  of  any  finger,  which  includes  loss  of  any  part  of  the  bone 
of  the  third  or  proximal  phalange,  shall  be  considered  as  the  loss  of  the 
entire  finger. 

(7)  For  the  loss  of  the  great  toe,  50  per  cent  of  the  average  weekly 
wages  during  30  weeks. 

(8)  For  the  loss  of  any  other  toe  than  the  great  toe,  50  per  cent  of  the 
average  weekly  wages  during  10  weeks. 

(9)  The  loss  of  the  first  phalange  of  any  toe  shall  be  considered  to  be 
equal  to  the  loss  of  one-half  of  such  toe,  and  the  compensation  shall  be 
one-half  of  the  amounts  above  specified. 

(10)  The  loss  of  more  than  one  phalange  of  a  toe  shall  be  considered 
to  be  equal  to  the  loss  of  the  entire  toe. 

(11)  For  the  loss  of  a  hand,  50  per  cent  of  the  average  weekly  wages 
during  150  weeks. 

(12)  For  the  loss  of  an  arm,  50  per  cent  of  the  average  weekly  wages 
during  210  weeks. 

(13)  For  the  loss  of  a  foot,  50  per  cent  of  the  average  weekly  wages 
during  125  weeks. 

(14)  For  the  loss  of  a  leg,  50  per  cent  of  the  average  weekly  wages 
during  200  weeks. 

(15)  For  the  loss  of  an  eye,  or  the  complete  loss  of  the  sight  thereof, 
50  per  cent  of  the  average  weekly  wages  during  110  weeks. 

(16)  Amputation  or  severance  between  elbow  and  wrist  shall  be  con- 
sidered as  the  loss  of  a  hand.    Amputation  at  or  above  the  elbow  shall  be 
considered  as  the  loss  of  an  arm.     Amputation  between  knee  and  ankle 
shall  be  considered  as  the  loss  of  a  foot.     Amputation  at  or  above  the 
knee  shall  be  considered  as  the  loss  of  a  leg. 

(17)  For  the  complete  loss  of  hearing  of  both  ears,  50  per  cent  of  the 
average  weekly  wages  during  100  weeks. 

(18)  For  the  complete  loss  of  hearing  of  one  ear,  50  per  cent  of  the 
average  weekly  wages  during  25  weeks. 

(19)  Should  the  employer  and  employee  be  unable  to  agree  upon  the 
amount  of  compensation  to  be  paid  in  any  case  of  injury  not  covered  by 
the  schedule,  the  amount  of  compensation  shall  be  settled  according  to  the 
provisions  of  this  act  as  in  other  cases  of  disagreement:    Provided,  how- 
ever, In  case  of  partial  disability  not  covered  by  schedule  the  workman 
shall  receive  during  such  period  of  partial  disability  not  exceeding   (8) 
eight  years,  60  per  cent  of  the  difference  between  the  amount  he  was 
earning  prior  to  said  injury  as  in  this  act  provided  and  the  amount  he  is 
able  to  earn  after  such  injury. 

204 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§  566 

(20)  If  a  workman  has  received  an  injury  for  which  compensation  is 
being  paid  him,  and  his  death  is  caused  by  other  and  independent  causes, 
any  payments  of  compensation  already  due  him  at  the  time  of  his  death 
and  then  unpaid,  shall  be  paid  to  his  dependents  direct,  or  to  his  legal 
representatives  if  he  left  no   dependents,  but  the  liability  of  the   em- 
ployer for  payments  of  compensation  not  yet  due  and  payable  at  the  time 
of  the  death  of  such  workman  shall  cease  and  be  abrogated  by  his  death. 

(21)  If  a  workman  has  suffered  a  previous  disability  and  receives  a 
later  injury,  the  effects  of  which  together  with  the  previous  disability 
shall  result  in  total  permanent  disability,  then  and  in  that  event  the  com- 
pensation due  said  workman  shall  be  the  difference  between  the  amount 
provided  in  the  schedule  of  this  section  for  his  prior  injury  and  the  total 
sum  which  would  be  due  said  employee  for  such  total  disability  computed 
as  provided  in  section  4  of  this  act  but  in  no  case  less  than  $6  per  week 
nor  more  than  $15  per  week. 

(22)  Loss  of  use.    Permanent  loss  of  the  use  of  a  hand,  arm,  foot,  leg 
or  eye,  as  a  direct  result  of  an  injury,  shall  be  considered  as  the  equiva- 
lent of  the  loss  of  such  hand,  arm,  foot,  leg.or  eye. 

(23)  The  compensation  for  the  foregoing  specific  injuries  shall  be  in 
lieu   of  all   other  'compensation,   except  the   benefits   provided   in   para- 
graph 1  of  this  section.    Where  the  said  minor  or  his  dependents  are  en- 
titled to  compensation  under  the  provisions  of  this  act,  such  compensation 
shall  be  exclusive  of  all  other  remedies  or  causes  of  action  for  such  injury 
or  death,  and  no  claim  or  cause  of  action  shall  inure  or  accrue  to,  or  exist 
in  favor  of  the  parent  or  parents  of  such  minor  employee  on  account  of 
any  damage  resulting  to  such  parent  or  parents  on  account  of  the  loss  of 
earnings  or  loss  of  service  of  such  minor  employee  resulting  from  or 
growing  out  of  the  injury  to  or  death  of  such  minor  employee.     In  any 
case  of  injury  to  or  death  of  a  female  employee,  where  the  said  female 
employee  or  her  dependents  are  entitled  to  compensation  under  the  provi- 
sions of  this  act,  such  compensation  shall  be  exclusive  of  all  other  reme- 
dies or  causes  of  action  for  such  injury  or  death,  and  no  claim  of  action 
shall  inure  or  accrue  to  or  exist  in  favor  of  the  surviving  husband  or  any 
relative  or  next  of  kin  of  such  female  employee  on  account  of  any  damage 
resulting  to  such  surviving  husband  or  any  relative  or  next  of  kin  on 
account  of  the  loss  of  earnings,  services  or  society  of  such  female  em- 
ployee or  on  any  other  account  resulting  from  or  growing  out  of  the  in- 
jury or  death  of  such  female  employee.     [G.  S.  1915,  §  5905,  as  amended 
by  Laws  1917,  ch.  226,  §  3;  May  26.] 

''Section   5907  of  the   General   Statutes  of   1915,"   mentioned   herein    is  printed    as 
§  568,  post. 

Cases  construing  section  before  last  amendment: 

Amount   of    compensation   and   when    compensation    shall    cease,    discussed       Gorrell   v 

'   Battelle,  93  K.  370. 
Period   over_  which   award   for   permanent   disability   may   extend.      Cain    v.    Zinc    Co., 

94  K.  679.  680. 

Allowance  for  medical  attendance,  discussed.     Cain  v.  Zinc  Co.,  94  K.  682. 
Measure    of    damages    for    partial    disability,    considered.       Roberts    v.    Packing    Co.. 

9o  K.   723. 
Amount   of  Compensation    in    case    of    death,    considered.      McCracken    v.    Bridge    Co.. 

96  K.   354. 
Mother  held  partly   dependent  upon  son,   under  facts   stated.      Smith  v.   Sash   &   Door 

Co.,  96  K.  816. 
Injury    to    fingers;    employee    unable    to    tightly    close    fingers    in    hand,    held    partially 

incapacitated.     Galley  v.  Manufacturing  Co.,  98  K.  53. 
Right  to  compensation  not  lost  by  remaining  in  same  employment  after  injury.     Gailev 

y.  Manufacturing  Co.,  98  K.  53. 
Compensation    terminated    by    marriage   of    dependent:    effect    of    provision    considered 

Taylor  y.   Sulzberger  &   Sons  Co.,   98   K.    169. 


§  567]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

Not  the  policy  of  the  act  to  continue  compensation  to  minor  dependent  after  reaching 
age  of  eighteen  years,  or  to  award  compensation  to  adult  married  son  for  injury 
to  mother.  Taylor  v.  Sulzberger  &  Sons  Co.,  98  K.  169. 

Period  of  incapacity  as  fixed  by  the  jury  held  controlling;  judgment  reduced  to  corre- 
spond with  finding  of  jury.  Girten  v.  Zinc  Co.,  98  K.  405.  (Not  decided  that 
weekly  allowance  for  partial  incapacity  may  ever  be  less  than  twenty-five  per  cent 
of  former  average  earnings.  Odrowski  V.  Swift  &  Co.,  99  K.  163.) 

Loss  of  an  eye;  evidence  held  sufficient  to  show  partial  disability.  Oliver  v.  Chris- 
topher, 98  K.  660. 

Judgment  supported  by  special  findings  not  Overturned  because  general  verdict  not 
supported  by  evidence.  Oliver  v.  Christopher,  98  K.  660. 

Expert  evidence  of  physicians  admissible  in  proof  of  fact  that  partial  disability  exists. 
Sillix  v.  Armour  &  Co.,  99  K.  103,  108. 

Lump-sum  judgment  obtained  on  basis  of  total  disability  not  set  aside  on  showing 
that  injured  employee  is  conducting  a  business  at  a  profit.  Moore  v.  Manufac- 
turing Co.,  99  K.  443. 

Minimum  of  three  dollars  per  week  for  partial  incapacity  is  not  to  be  withheld  because 
employee  finds  other  employment  before  expiration  of  the  period  of  partial  inca- 
pacity and  is  earning  more  wages  than  before  the  injury.  Dennis  v.  Cafferty, 

99  K.  810. 

Persons  partly  dependent  upon  earnings  of  deceased  workman,  considered;  parents 
of  minor  son  held  partially  dependent  on  such  son  although  father  shown  to  own 
property  and  have  separate  income.  Fennimore  v.  Coal  Co.,  100  K.  372. 

Permanent  partial  incapacity,  finding  held  warranted  by  evidence  of  loss  of  the  ends 
of  the  second  and  third  fingers  of  the  left  hand  of  a  workman  who  had  already 
lost  a  part  of  the  thumb  and  first  finger  of  the  same  hand.  Seckman  v.  Cement 
Co.,  100  K.  463. 

The  payment  of  a  minimum  of  three  dollars  a  week  for  partial  incapacity  relates  to 
the  amount  of  recovery,  and  not  merely  to  the  manner  of  its  payments :  it  means 
that  the  workman  shall  be  entitled  to  receive  at  least  that  amount  for  every  week 
that  the  incapacity  continues  until  the  statutory  limit  of  eight  years  is  reached. 
Seckman  v.  Cement  Co.,  100  K.  463. 

Computation  of  amount  of  compensation  where  employee  totally  incapacitated  for  part 
of  period  and  partially  incapacitated  for  part  of  period,  considered.  Sauvain  v. 
Battelle,  100  K.  468. 

Employee  totally  or  partially  incapacitated  for  hard  manual  labor  not  to  be  denied 
compensation  because  he  obtains  employment,  even  at  better  wages,  at  a  task  which 
he  is  physically  able  to  perform.  Sauvain  v.  Battelle,  100  K.  468. 

Findings  of  the  jury  as  to  partial  and  total  incapacity  held  not  to  be  inconsistent  when 
construed  together;  slight  discrepancy  in  amount  of  general  verdict  under  special 
findings  not  sufficient  to  require  reversal  of  judgment.  Roll  v.  Cement  Co., 

100  K.  616. 

Compensation  can  be  recovered  where  inability  to  labor  is  caused  by  pain  resulting 
from  an  injury  received  in  an  accident  arising  out  of  and  in  the  course  of  the 
employment.  Tr6wbridge  v.  Wilson  &  Co.,  102  K.  521. 

§  567.  Rules  to  be  observed  in  computing  average  annual  earnings  of 
a  workman;  credit  to  employer  for  amounts  paid  prior  to  award  or  judg- 
ment; average  earnings  as  basis  for  compensation  for  later  injury  after 
previous  disability.  Rules  for  compensation.  1.  The  average  annual 
earnings  of  a  workman  shall,  for  the  purpose  of  the  provisions  of  this 
act,  be  computed  as  follows:  (a)  Where  the  workman  has  been  con- 
tinuously employed  by  the  same  employer  for  one  year  or  longer,  the 
actual  amount  of  money  paid  by  the  employer  to  the  employee  as  wages 
or  remuneration  for  his  services  during  the  year  immediately  preceding 
the  injury,  undiminished  by  loss  due  to  absence  from  work  on  account  of 
illness  or  other  unavoidable  cause.  (6)  Where  the  workman  has  been 
employed  less  than  one  year  by  the  employer  in  whose  employ  he  received 
the  injury,  52  times  the  average  weekly  amount  of  which,  during  the 
twelve  months  immediately  preceding  the  accident,  was  being  earned  by  a 
person  in  the  same  grade  employed  at  the  same  work  by  the  same  em- 
ployer, undiminished  by  loss  due  to  absence  from  work  on  account  of 
illness  or  other  unavoidable  cause;  and  if  there  is  no  person  in  the  same 
grade  employed  at  the  same  work  by  the  same  employer,  then  52  times 
the  average  weekly  earnings  of  a  person  in  the  same  grade  employed  by 
the  same  or  other  employer  in  the  same  district  at  the  same  or  similar 
work  or  employment,  (c)  Where  the  workman  had  entered  into  concur- 
rent contracts  of  service  with  two  or  more  employers  under  which  he 

206 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§  568 

worked  at  one  time  for  one  such  employer  and  at  another  time  for  an- 
other such  employer,  his  average  annual  earnings  shall  be  computed  as 
if  his  earnings  under  all  such  contracts  were  earnings  in  the  employment 
of  the  employer  for  whom  he  was  working  at  the  time  of  the  injury. 
(d)  Where  the  employer  has  been  accustomed  to  pay  to  the  workman  a 
sum  to  cover  any  special  expenses  entailed  upon  him  by  the  nature  of  his 
employment,  the  sums  so  paid  shall  not  be  reckoned  as  part  of  the  earn- 
ings of  the  workman;  nor  shall  tips  or  gratuities  received  from  the  em- 
ployer or  other  persons  be  considered  or  included  as  part  of  the  work- 
man's earnings,  but  reasonable  value  of  board,  rent,  housing,  lodging, 
fuel  or  other  similar  advantages  received  from  the  employer  as  a  part  of 
the  remuneration  of  the  employee  and  the  value  of  which  can  be  estimated 
in  money,  shall  be  considered  and  included  as  a  part  of  the  workman's 
earnings,  (e)  If  arbitration  or  litigation  is  necessary  to  establish  the 
amount  of  compensation,  credit  shall  be  given  to  the  employer  by  the 
arbitrator,  arbitration  committee  or  court  for  any  amounts  paid  under 
this  act  prior  to  the  date  of  the  award  or  prior  to  the  trial  and  judgment. 

2.  The  average  weekly  wages  of  a  workman  shall  be  one  fifty-second 
part  of  his  average  annual  earnings  computed  as  provided  by  paragraph 
1  of  this  section. 

3.  In  computing  average  earnings  of  a  workman  under  the  preceding 
paragraphs  of  this  section  regard  shall  be  had  to  the  earnings  for  what  is 
commonly  regarded  as  a  day's  work  or  week's  work  for  the  employment 
on  which  the  average  earnings  are  calculated. 

4.  If  a  workman  has  suffered  a  previous  disability  and  receives  a  later 
injury,  his  average  earnings  used  as  a  basis  for  the  compensation  for  such 
later  injury  shall  be  such  amount  as  will  reasonably  represent  his  earn- 
ing capacity  at  the  time  of  the  later  injury  in  the  employment  at  which 
he  was  working  at  such  time.    [G.  S.  1915,  §  5906,  as  amended  by  L.  1917, 
ch.  226,  §4;  May  26.] 

Cases  construing  section  before  amendment: 

Amount    of   compensation   and   when   compensation   shall   cease,    discussed.      Gorrell   v. 

Battelle,  93  K.  370. 

Deduction  for  payment  for  medical  attendance,  discussed.     Cain  v.  Zinc  Co.,  94  K.  682. 
Measure    of    damages    for    partial    disability,    considered.       Roberts    v.    Packing    Co., 

95  K.  723. 
Right  to  compensation  not  lost  by  remaining  in  same  employment  after  injury.     Gailey 

v.  Manufacturing  Co.,  98  K.  53. 
Manner   of   obtaining   credit   for   payments   made   after   injury,    considered.      Gailey    v. 

Manufacturing  Co.,  98  K.  53. 
Average    earnings    should    be    pleaded;    when    failure    to    plead    average    earnings    not 

prejudicial.     Sillix  v.  Armour  &  Co.,  99  K.  103,  108. 
Minimum  of  three  dollars  per  week  for  partial  incapacity  is  not  to  be  withheld  because 

employee  finds  other  employment  before  expiration  of  period  of  partial  incapacity 

and  is  earning  more  wages  than  before  injury.     Dennis  v.  Cafferty,  99  K.  810. 
Minimum  of   three  dollars   a   week   applies  for  partial  disability  until   the   end   of   the 

eight-year  period,  regardless  of  what  the  workman  can  earn  or  what  he  does  earn 

during  that  lime.     Seckman  v.  Cement  Co.,  100  K.  463. 
Employee   totally    or   partially   incapacitated   for  hard   manual   labor   not   to   be   denied 

compensation  because  he  obtains  employment,  even  at  better  wages,  at  a  task  he  is 

physically  able  to  perform.     Sauvain  v.  Battelle,  100  K.  468. 

§  568.  Payments  to  be  made  in  same  manner  as  wages  were  payable; 
modification  of  such  regulation  by  judge  of  district  court.  Payments  to 
the  injured  workman.  The  payments  shall  be  made  at  the  same  time, 
place  and  in  the  same  manner  as  the  wages  of  the  workman  were  pay- 
able at  the  time  of  the  accident,  but  a  judge  of  any  district  court  having 
jurisdiction  upon  the  application  of  either  party  may  modify  such  regula- 
tion in  a  particular  case  as  to  him  may  seem  just.  [G.  S.  1915,  §  5907.] 

Right  to   compensation   not  lost  by  remaining   in   same   employment    at   same   wages   after 
injury.      Gailey  v.  Manufacturing  Co.,   98  K.   53. 

207 


§§  569-571]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

§  569.  Payment  of  compensation  to  dependents;  when  employer  shall 
be  discharged;  distribution  of  such  compensation  among  dependents;  dis- 
tribution of  medical  and  funeral  expenses  where  there  are  no  dependents. 

Compensation  to  dependents,  etc.  Where  death  results  from  the  injury 
and  the  dependents  of  the  deceased  workman  as  herein  denned,  have 
agreed  to  accept  compensation,  and  the  amount  of  such  compensation  and 
the  apportionment  thereof  between  them  has  been  agreed  to  or  otherwise 
determined,  the  employer  may  pay  such  compensation  to  them  accordingly 
(or  to  an  administrator  if  one  be  appointed)  and  thereupon  be  discharged 
from  all  further  liability  for  the  injury.  Where  only  the  apportionment 
of  the  agreed  compensation  between  the  dependents  is  not  agreed  to,  the 
employer  may  pay  the  amount  into  any  district  court  having  jurisdiction, 
or  to  the  administrator  of  the  deceased  workman,  with  the  same  effect. 
Where  the  compensation  has  been  so  paid  into  court  or  to  an  adminis- 
trator, the  proper  court,  upon  the  petition  of  such  administrator  or  any 
of  such  dependents,  and  upon  such  notice  and  proof  as  it  may  order 
shall  determine  the  distribution  thereof  among  such  dependents.  Where 
there  are  no  dependents,  medical  and  funeral  expenses  may  be  paid  and 
distributed  in  like  manner.  [G.  S.  1915,  §  5908.] 

§  570.  Claim  for  compensation,  or  compensation  agreed  upon,  awarded, 
etc.,  not  assignable  or  subject  to  levy,  execution,  attachment,  garnish- 
ment, etc.;  exemption  cannot  be  waived.  No  claim  for  compensation,  or 
compensation  agreed  upon,  awarded,  adjudged,  or  paid,  shall  be  assign- 
able or  subject  to  levy,  execution,  attachment,  garnishment,  or  any  other 
remedy  or  procedure  for  the  recovery  or  collection  of  a  debt,  and  this 
exemption  cannot  be  waived.  [G.  S.  1915,  §  5909,  as  amended  by  Laws 
1917,  ch.  226,  §5;  May  26.] 

G.    S.    1915,    §  5910,    was    repealed    by    Laws    1917,    ch.    226,     §  28,    printed    as 
§  603,  post. 
Cases  construing  section  before  amendment : 

Payment  for  medical  attendance  from  compensation  allowed,   discussed.      Cain  v.   Zinc 

Co.,  94  K.  682. 
The  question  whether  an  injured  workman  may  assign  a  judgment  under  this  act  to  a 

trustee  for  the  benefit  of  his  children,  considered  but  not  determined.      Monson   v. 

Battelle,  102  K.  208. 
A  lump-sum  judgment  in  favor  of  an  injured  workman  does  not  abate  by  his  death. 

but    may    be    revived    in    the    name    of    an    administrator.       Monson    v.     Battelle, 

102  K.  208. 

§  571.  Medical  examination  of  employee  by  physician  or  surgeon 
selected  by  employer;  either  party  may  require  report  of  physician  or 
surgeon  selected  by  the  other  party ;  fee ;  employee  entitled  to  have  physi- 
cian or  surgeon  present;  physician  selected  by  employer  not  allowed  to 
give  evidence  of  condition  unless  opportunity  given  for  physician  selected 
by  employee  to  participate  in  examination;  testimony  of  physician.  Medi- 
cal examination,  (a)  After  an  injury  to  an  employee,  he  shall,  upon 
request  of  the  employer,  submit  himself  for  examination  at  some  reason- 
able time  and  place,  to  a  reputable  physician  or  surgeon  selected  by  the 
employer,  and  shall  so  submit  himself  for  examination  thereafter  at 
intervals  during  the  pendency  of  his  claim  for  compensation  and  during 
the  receipt  by  him  of  payments  under  this  act,  upon  request  of  the  em- 
ployer, but  he  shall  not  be  required  to  submit  himself  for  examination 
oftener  than  once  in  four  weeks  unless  in  accordance  with  such  orders 
as  may  be  made  by  the  judge  of  the  district  court  wherein  proceedings 
may  be  had  for  •  the  determination  or  collection  of  his  compensation. 
Either  party  may  upon  demand  require  a  report  of  any  examination 

208 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§§  572-575 

made  by  the  physician  or  surgeon  selected  by  the  other  party,  upon  pay- 
ment of  a  fee  of  $1  therefor,  but  the  employee  shall  not  be  liable  for  any 
fees  or  charge  of  any  physician  or  surgeon  selected  by  the  employer  for 
making  any  examination  of  the  employee.  (6)  If  the  employee  requests 
he  shall  be  entitled  to  have  a  physician  or  surgeon  of  his  own  selection 
present  at  the  time  to  participate  in  such  examination,  (c)  Unless 
there  be  a  reasonable  opportunity  thereafter  for  such  physician  selected 
by  the  employee  to  participate  in  the  examination  in  the  presence  of  the 
physician  selected  by  the  employer,  the  physician  selected  by  the  em- 
ployer shall  not  be  permitted  afterwards  to  give  evidence  of  the  condition 
of  the  employee  in  a  dispute  as  to  the  injury,  (d)  Except  as  provided 
herein,  there  shall  be  no  other  disqualification  or  privilege  preventing 
the  testimony  of  a  physician  who  actually  makes  an  examination.  [G. 
S.  1915,  §  5911,  as  amended  by  Laws  1917,  ch.  226,  §  6;  May  26.] 

§572.  Employment  of  neutral  physician  to  make  examination  of  in- 
jured person;  expenses;  petition.  Medical  examination  by  neutral  physi- 
cian. In  case  of  a  dispute  as  to  the  injury,  the  committee,  or  arbitrator 
as  hereinafter  provided,  or  the  judge  of  the  district  court  shall  have  the 
power  to  employ  a  neutral  physician  of  good  standing  and  ability,  whose 
duty  it  shall  be,  at  the  expense  of  the  parties  to  make  an  examination  of 
the  injured  person,  as  the  court  may  direct,  on  the  petition  of  either  or 
both  the  employer  and  employee  or  dependents.  [G.  S.  1915,  §  5912.] 

§573.  Physician  or  surgeon  of  employer  or  employee  not  permitted 
to  give  evidence  unless  opportunity  given  to  other  party  to  have  physician 
or  surgeon  make  examination.  If  the  employer  or  the  employee  has  a 
physician  or  surgeon  make  such  examination  and  no  reasonable  oppor- 
tunity is  given  to  the  other  party  to  have  his  physician  or  surgeon  make 
examination,  then,  in  case  of  a  dispute  as  to  the  injury,  the  physician  of 
the  party  making  such  examination  shall  not  give  evidence  before  the 
court  in  any  action  for  compensation.  [G.  S.  1915,  §  5913,  as  amended  by 
Laws  1917,  ch.  226,  §  7;  May  26.] 

§574.  Refusal  of  employee  to  submit  to  medical  examination;  em- 
ployee or  physician  or  surgeon  obstructing  examination;  employee's  right 
to  compensation  suspended  during  such  period.  Refusal  of  medical  ex- 
amination. If  the  employee  refuses  to  submit  himself  for  examination 
upon  request  of  the  employer  as  provided  for  in  section  6  of  this  act,  or  if 
the  employee  or  his  physician  or  surgeon  unnecessarily  obstructs  or  pre- 
vents such  examination  by  the  physician  or  surgeon  of  the  employer,  the 
employee's  right  to  payment  of  compensation  shall  be  and  remain  sus- 
pended until  he  shall  submit  to  examination  and  until  such  examination 
shall  have  taken  place,  and  no  compensation  shall  be  payable  under  this 
act  during  the  period  of  suspension.  [G.  S.  1915,  §  5914,  as  amended  by 
Laws  1917,  ch.  226,  §  8;  May  26.] 

§  575.  Report  of  examination  of  employee  by  physician  or  surgeon  or 
certificate  issued  not  competent  evidence  unless  supported  by  testimony 
of  such  physician  or  surgeon;  report  or  certificate  inadmissible  when 
testimony  inadmissible.  Certificate  of  physician.  No  report  of  any  ex- 
amination of  any  employee  by  a  physician  or  surgeon,  as  hereinbefore  in 
this  act  provided  for,  nor  any  certificate  issued  or  given  by  the  physician 
or  surgeon  making  such  examination,  shall  be  competent  evidence  in  any 
court  proceeding  for  the  determining  or  collection  of  compensation  unless 
supported  by  the  testimony  of  such  physician  or  surgeon,  if  his  testimony 

14— Labor— 1725. 

209 


§§  576, 577]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

is  admissible,  nor  competent  evidence  in  any  case  where  the  testimony  of 
such  physician  or  surgeon  is  not  admissible.  [G.  S.  1915,  §  5915,  as 
amended  by  Laws  1917,  ch.  226,  §  9;  May  26.] 

§  576.  Proceedings  for  recovery  of  compensation  under  act  not  main- 
tainable unless  written  notice  served  on  employer;  matters  to  be  stated  in 
such  notice;  claim  for  compensation  required;  service  of  notice;  effect  of 
want  of  or  defect  in  notice  or  service ;  incapacity  of  employee.  Notice  and 
claim.  Proceedings  for  the  recovery  of  compensation  under  this  act  shall 
not  be  maintainable  unless  written  notice  of  the  accident,  stating  the  time, 
place  and  particulars  thereof,  and  the  name  and  address  of  the  person 
injured,  has  been  given^  within  ten  days  after  the  accident,  and  unless  a 
claim  for  compensation  "has  been  made  within  three  months  after  the  ac- 
cident or  in  case  of  death,  within  six  months  from  the  date  thereof.  Such 
notice  shall  be  delivered  by  registered  mail,  or  by  delivery  to  the  em- 
ployer. The  want  of,  or  any  defect  in  such  notice,  or  in  its  service,  shall 
not  be  a  bar  unless  the  employer  proves  that  he  has,  in  fact,  been  thereby 
prejudiced,  or  if  such  want  or  defect  was  occasioned  by  mistake,  physical 
or  mental  incapacity  or  other  reasonable  cause,  and  the  failure  to  make 
a  claim  within  the  period  above  specified  shall  be  a  bar:  Provided,  how- 
ever, That  in  case  of  incapacity  of  an  injured  employee  the  limitation 
herein  shall  not  run  during  such  incapacity.  [G.  S.  1915,  §  5916.] 

Employer  may,  by  acts,  waive  notice,  etc.,  required.     Roberts  v.  Packing  Co.,  95  K.  723. 

Formal  notice  not  given  in  time;  employer  had  sufficient  notice.  Ackerson  v.  Zinc  Co., 
96  K.  781. 

Necessity  of  making  claim;  facts  show  sufficient  claim  made.  Ackerson  v.  Zinc  Co., 
96  K.  781. 

Claim  for  compensation  before  commencement  of  action  rendered  unnecessary.  Halverhout 
v.  Milling  Co.,  97  K.  484. 

Claim  for  compensation  need  not  be  in  writing;  any  statement,  oral  or  written,  within 
proper  time,  by  which  employee  makes  known  to  employer  that  he  is  claiming  compen- 
sation, is  sufficient.  Gailey  v.  Manufacturing  Co.,  98  K.  53. 

Failure  to  give  notice  in  ten  days ;  employer  cannot  avoid  payment  unless  prejudiced 
thereby.  Knoll  v.  City  of  Salina,  98  K.  428. 

Recovery  not  barred  by  failure  to  make  written  demand  within  three  months,  where  oral 
demand  made  within  such  time.  Knoll  y.  City  of  Salina,  98  K.  428. 

Act  requiring  claims  or  demands  against  city  to  be  itemized  and  verified  held  applicable 
to  claims  under  this  act.  Knoll  v.  City  of  Salina,  98  K.  428. 

Costs  not  recoverable  against  city  unless  claim  itemized  and  verified.  Knoll  v.  City  of 
Salina,  98  K.  428. 

Claim  need  not  be  in  writing;  held  act  fully  complied  with.  Sillix  v.  Armour  &  Co., 
99  K.  103,  107. 

Compliance  with  section  should  be  pleaded ;  when  failure  to  plead  compliance  not  preju- 
dicial. Sillix  v.  Armour  &  Co.,  99  K.  103,  107. 

Failure  to  make  claim  for  compensation  within  three  months  after  the  accident  is  a  bar 
to  recovery.  Smith  y.  Process  Co.,  100  K.  40. 

Failure  to  give  notice  within  ten  days  after  the  accident  is  not  a  bar  if  no  prejudice  to 
the  employer  results,  or  if  failure  occasioned  by  mistake,  incapacity,  etc.  Smith  v. 
Process  Co.,  100  K.  40. 

Presentation  of  claim  for  compensation  held  not  to  have  been  waived  or  rendered  un- 
necessary under  facts  stated.  Knowling  v.  Morris  &  Co.,  101  K.  20.5. 

§577.  Compensation  settled  by  agreement.  Agreements.  Compensa- 
tion due  under  this  act  may  be  settled  by  agreement.  [G.  S.  1915,  §  5917, 
as  amended  by  Laws  1917,  ch.  226,  §  10;  May  26.] 

Cases  discussing  agreements  and  releases : 

Release  of  liability  not  invalid  because  amount  paid  was  just  what  the  statute  made 
due  at  the  time.  Odrowski  v.  Swift  &  Co.,  99  K.  163. 

Causes  for  which  agreement  may  be  set  aside,  considered.  Weathers  v.  Bridge  Co., 
99  K.  632. 

Act  recognizes  legality  of  a  voluntary  settlement  and  release;  in  absence  of  fraud  or 
mutual  mistake  the  satisfaction  and  release  cannot  be  set  aside  on  the  ground  of 
gross  inadequacy  of  compensation.  Dotson  y.  Manufacturing  Co.,  102  K.  248. 

Evidence  examined  and  held  sufficient  to  sustain  a  judgment  setting  aside  a  release. 
Vogler  v.  Bowersock,  102  K.  456. 

Release  signed  when  parties  were  mutually  mistaken  as  to  the  extent  of  plaintiff's  in- 
juries held  not  binding,  the  sum  therein  named  being  manifestly  inadequate.  Smith 
v.  Kansas  City,  102  K.  518. 

210 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§§578-580 

§  578.  Settlement  of  compensation  by  committee  representative  of 
employer  and  workman  if  neither  party  objects;  power  of  committee  to 
adopt  rules;  settlement  by  single  arbitrator;  appointment  of  arbitrator; 
consent  to  arbitration  to  be  in  writing;  questions  referred;  findings  that 
may  be  required  by  either  party.  Arbitration.  If  compensation  be  not 
so  settled  by  agreement:  (a)  If  any  committee  representative  of  the  em- 
ployer and  the  workman  exists,  organized  for  the  purpose  of  settling  dis- 
putes under  this  act,  said  committee  shall  have  the  power  to  adopt  rules 
governing  its  procedure  and  action,  and  the  matter  shall,  unless  either 
party  objects  by  notice  in  writing  delivered  or  sent  by  registered  mail  to 
the  other  party  before  the  committee  meets  to  consider  the  matter,  be 
settled  in  accordance  with  said  rules  by  such  committee  or  by  an  arbi- 
trator selected  by  it.  (6)  If  either  party  objects  or  there  is  no  such  com- 
mittee, or  the  committee  or  the  arbitrator  to  whom  it  refers  the  matter 
fails  to  settle  it  within  sixty  days  from  the  date  of  the  claim,  the  matter 
shall  be  settled  by  a  single  arbitrator  agreed  on  by  the  parties,  or  ap- 
pointed by  any  judge  of  a  court  where  an  action  might  be  maintained 
upon  the  written  application  of  either  party  to  said  court.  The  consent 
to  arbitration  shall  be  in  writing  and  signed  by  the  parties,  and  may  limit 
the  fees  of  the  arbitrator  and  the  time  within  which  the  award  must  be 
made,  and  unless  such  consent  or  order  of  appointment  expressly  refers 
other  questions,  only  the  question  of  the  amount  of  compensation  shall  be 
deemed  to  be  in  issue,  but  either  party  shall  have  the  right  to  require 
that  the  arbitrator  shall  also  find  the  character  and  quality  of  the  dis- 
ability and  the  period  for  which  payments  of  compensation  shall  con- 
tinue in  accordance  with  the  provisions  of  this  act.  [G.  S.  1915,  §  5918, 
as  amended  by  Laws  1917,  ch.  226,  §  11;  May  26.] 

§  5 "9.  Procedure  before  committee  or  arbitrator;  making  and  filing  of 
award;  notice  of  filing;  extension  of  time  for  filing  award;  order  of  court 
to  compel  committee  or  arbitrator  to  file  award.  Duties  of  arbitrator. 
The  committee  or  arbitrator  shall  not  be  bound  by  technical  rules  of  pro- 
cedure or  evidence  but  shall  give  the  parties  reasonable  opportunity  to  be 
heard  and  to  present  evidence,  and  shall  act  reasonably  and  without  par- 
tiality, and  shall  make  and  file  an  award,  with  the  consent  to  arbitration 
or  the  order  of  the  court  appointing  the  arbitrator  attached,  in  the  office 
of  the  clerk  of  the  proper  district  court  within  sixty  days  after  the  com- 
mittee meets  to  consider  the  claim  or  after  the  selection  of  the  arbitrator, 
and  shall  give  notice  of  such  filing  to  the  parties  by  mail.  The  parties 
may  agree  in  writing  to  extend  the  time  for  filing  the  award,  and  if  so, 
the  award  shall  be  filed  within  such  extended  time  as  is  so  agreed  upon. 
If  any  committee  or  arbitrator  to  whom  a  claim  for  compensation  shall 
have  been  submitted  shall  fail  or  neglect  to  file  its  or  his  award  within 
the  time  fixed  by  this  section,  the  court  shall,  upon  the  application  of 
either  party,  order  such  committee  or  arbitrator  to  file  such  award  within 
such  time  as  the  court  shall  by  such  order  fix,  which  time  shall  in  no  case 
be  greater  than  ten  days  from  the  date  of  such  order.  [G.  S.  1915,  §  5919, 
as  amended  by  Laws  1917,  ch.  226,  §  12;  May  26.] 

§  580.  Fees  of  arbitrator;  amount  of  such  fees  when  not  fixed  by 
agreement;  taxing  of  costs  and  fees  by  arbitrator;  amount  taxed  to  em- 
ployer added  to  first  payment;  lien  of  arbitrator  on  first  payments  due 
under  award.  Arbitrator's  fees.  The  arbitrator's  fees  shall  be  fixed  by 
the  consent  to  arbitration  or  be  agreed  to  by  the  parties  before  the  arbi- 

211 


§§  581-583]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

tration,  and  if  riot  so  fixed  or  agreed  to,  they  shall  not  exceed  ten  dollars 
per  day,  for  not  to  exceed  ten  days  and  disbursements  for  expense.  The 
arbitrator  shall  tax  or  apportion  the  costs  of  such  fees  in  his  discretion 
and  shall  add  the  amount  taxed  or  apportioned  against  the  employer  to 
the  first  payment  made  under  the  award,  and  he  shall  note  the  amount  of 
his  fees  on  the  award  and  shall  have  a  lien  therefor  on  the  first  pay- 
ments due  under  the  award.  [G.  S.  1915,  §  5920.] 

§581.  Award  to  be  in  writing,  signed,  and  acknowledged;  award  to 
specify  amount  due  and  unpaid  by  the  employer  to  the  workman;  pay- 
ments to  be  provided  for ;  lump  sum ;  credit  for  previous  payments.  Form 
of  agreement  and  award.  Every  award  of  compensation  made  by  any 
committee  representing  the  employer  and  workman,  or  by  any  arbitrator 
selected  by  such  committee,  or  by  any  arbitrator  selected  by  the  em- 
ployer and  the  employee,  or  appointed  by  order  of  court,  shall  be  in  writ- 
ing, signed  and  acknowledged  by  the  arbitrator  or  by  the  secretary  of  the 
committee  hereinbefore  referred  to,  and  shall  specify  the  amount  due  and 
unpaid  by  the  employer  to  the  workman  up  to  the  date  of  the  award,  and, 
if  any,  the  amount  of  the  payments  thereafter  to  be  paid  by  the  employer 
to  the  workman  and  the  length  of  time  such  payment  shall  continue.  No 
award  shall  be  or  provide  for  payment  of  compensation  in  a  lump  sum. 
except  as  to  such  portion  of  the  compensation  as  shall  be  found  to  be  due 
and  unpaid  at  the  time  of  the  award,  and  credit  shall  be  given  to  the 
employer  in  such  award  for  any  amount  or  amounts  paid  by  him  to  the 
employee  as  compensation  prior  to  the  date  of  the  award.  [G.  S.  1915, 
§  5921,  as  amended  by  Laws  1917,  ch.  226,  §  13;  May  26.] 

§582.  Modification  of  award  by  subsequent  written  agreement; 
agreement  not  valid  unless  filed  by  employer  within  sixty  days.  Filing 
agreements,  atvards,  etc.  Any  award  of  compensation  may  be  modified 
by  subsequent  written  agreement  of  the  parties,  but  no  such  agreement 
modifying  an  award  shall1  be  valid  as  against  the  workman  unless  such 
agreement  or  a  verified  copy  thereof  be  filed  by  the  employer  in  the  office 
of  the  clerk  of  the  district  court  in  the  county  in  which  the  accident  oc- 
curred, within  sixty  days  after  the  execution  of  such  agreement.  [G.  S. 
1915,  §  5922,  as  amended  by  Laws  1917,  ch.  226,  §  14;  May  26.] 

Cases  construing  section  before  amendment: 

Any  release  of  liability  by  a  workman  or  any  agreement  for  or  award  of  compensation 

to   a   workman  made  under  the  act   is  void    as   against  the   workman    unless   it    is 

filed  by  the  employer  in  the  office  of  the  clerk  of  the  district  court  of  the  county 

within  sixty  days.     Rodermal  y.  Salt  Co.,  101  K.  141. 
Section  cited  in  considering  question  whether  act  applies  to  injuries  received  outside  of 

the  state.     Hicks  v.  Swift  &  Co.,  101  K.  760. 

§583.  Employer  entitled  to  final  receipt  upon  final  payment;  final 
receipt  or  release  of  liability  to  be  filed  by  employer  within  sixty  days; 
receipt  or  release  void  if  not  filed ;  clerk  of  district  court  to  accept,  receipt 
for,  and  file  every  award,  agreement,  final  receipt,  etc.,  or  copy  thereof, 
without  fee;  recording  and  indexing;  county  commissioners  to  furnish 
records  and  books.  Final  receipts.  At  the  time  of  making  any  final  pay- 
ment of  compensation,  the  employer  shall  be  entitled  to  a  final  receipt  for 
compensation,  executed  and  acknowledged  or  verified  by  the  workman, 
which  final  receipt  may  be  in  form  a  release  of  liability  under  this  act, 
and  every  such  final  receipt  for  compensation  or  release  of  liability  or  a 
duly  verified  copy  thereof  shall  be  filed  by  the  employer  in  the  office  of  the 
clerk  of  the  district  court  wherein  the  accident  occurred,  within  sixty 
days  after  the  date  of  execution  of  such  final  receipt  or  release  of  lia- 

212 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§  584 

bility,  and  if  the  employer  shall  fail  or  neglect  to  so  file  such  final  receipt 
or  release  of  liability,  same  shall  be  void  as  against  the  workman.  The 
said  clerk  of  the  district  court  shall  accept,  receipt  for,  and  file  every 
award,  agreement  modifying  an  award,  final  receipt  for  compensation  or 
release  of  liability  or  verified  copy  thereof,  without  fee,  and  record  and 
index  same  in  a  book  kept  for  that  purpose.  All  records  and  books  neces- 
sary for  the  clerk  of  the  district  court  in  order  to  carry  out  all  the  provi- 
sions of  this  law,  shall  be  furnished  to  said  clerk  upon  request,  by  the 
board  of  county  commissioners.  [Laws  1917,  ch.  226,  §  15;  May  26.] 

Grounds  for   setting  aside  release  considered;   release  denned.     Weathers  v.   Bridge  Co., 
99  K.   632,   638. 

§  584.  Review  of  award,  etc.,  by  judge  of  district  court  before  final 
payment  made;  application  for  review;  appointment  of  physicians  and 
surgeons  to  make  examination  and  report;  other  evidence;  grounds  for 
modification  of  award;  grounds  for  cancellation  of  award;  awards  to 
which  section  not  applicable.  Review,  modification  or  cancellation  of 
agreement  or  award.  At  any  time  before  the  final  payment  has  been 
made  under  or  pursuant  to  any  award  or  modification  thereof  agreed 
upon  by  the  parties,  it  may  be  reviewed  by  the  judge  of  the  district  court 
having  jurisdiction,  upon  the  application  of  either  party,  and  in  connec- 
tion with  such  review  the  court  may  appoint  a  physician  or  surgeon  or 
two  physicians  or  surgeons  to  examine  the  workman  and  report  to  the 
court,  and  the  court  shall  hear  all  competent  evidence  offered,  and  if  the 
court  shall  find  that  the  award  has  been  obtained  by  fraud  or  undue  in- 
fluence or  that  the  committee  or  arbitrator  making  the  award  acted  with- 
out authority  or  was  guilty  of  serious  misconduct  or  that  the  award  is 
grossly  excessive  or  grossly  inadequate,  or  that  the  incapacity  or  dis- 
ability of  the  workman  has  increased  or  diminished,  the  court  may  modify 
such  award,  upon  such  terms  as  may  be  just,  by  increasing  or  diminish- 
ing the  compensation,  subject  to  the  limitations  hereinbefore  provided  in 
this  act;  and,  if  the  court  shall  find  that  the  workman  has  returned  to 
work  for  the  same  employer  in  whose  employ  he  was  injured  or  for  an- 
other employer  and  is  earning  the  same  or  higher  wages  than  he  did  at 
the  time  of  the  accident  or  injury,  or  is  gaining  an  income  from  any 
trade  or  employment  which  is  equal  to  or  greater  than  the  wages  he  was 
earning  at  the  time  of  the  accident  or  injury,  or  shall  find  that  the  work- 
man has  absented  himself  and  continues  to  absent  himself  so  that  a  rea- 
sonable examination  cannot  be  made  of  him  by  a  physician  or  surgeon 
selected  by  the  employer,  or  has  departed  beyond  the  boundaries  of  the 
United  States  or  Dominion  of  Canada,  the  court  may  cancel  the  award 
and  end  the  compensation:  Provided,  That  the  provisions  of  this  section 
shall  not  apply  to  awards  of  compensation  provided  for  in  the  schedule  of 
specific  injuries  in  section  3  of  this  act.  [G.  S.  1915,  §  5923,  as  amended 
by  Laws  1917,  ch.  226,  §  16;  May  26.] 

"Section  3  of  this  act,"  mentioned  herein,  is  §  566,  ante. 

G.    S.    1915,    §  5924,    was   repealed   by    Laws   of    1917,    ch.    226,    §  28,    printed    as 
§  603,  post. 
Cases  construing  section  before  amendment: 

Provision  for  reexamination  of  amount  of  compensation  applies  only  where  agreement 

or   award   has  been  filed   with   clerk,    and   not   to   judgments   rendered   in   actions. 

Roberts  v.  Packing  Co.,  98  K.  750. 

Release,  if  within  terms  of  section,  must  be  covered  by  the  term  agreement;   cancella- 
tion of  release  considered.     Odrowski  v.  Swift  &  Co.,  99  K.   163. 
Provision    for    cancellation    of    "award"    because    grossly    inadequate    or    excessive    not 

applicable  to  release.     Odrowski  v.  Swift  &  Co.,  99  K.  163. 
Power  of  court  to  cancel  agreements  considered;   grounds  for  cancellation.     Weathers 

v.  Bridge  Co.,  99  K.  632. 

213 


§§  585-587]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

Agreement  fixing  compensation,  and  release  given  on  payment  of  amount  agreed  upon, 
may  be  set  aside  where  compensation  fixed  is  grossly  inadequate  and  agreement 
made  under  mutual  mistake  as  to  nature  and  extent  of  injuries.  Weathers  v. 
Bridge  Co.,  99  K.  632. 

This  section  relates  only  to  the  statutory  agreements  and  awards  made  in  conformity 
with  the  act,  and  not  to  voluntary  settlements  and  releases.  Dotson  v.  Manu- 
facturing Co.,  102  K.  248. 

§  585.  Lump  sum  judgment  equal  to  80  per  cent  of  amount  of  pay- 
ments due  and  unpaid;  application  for  judgment;  notice;  hearing  by 
court;  ground  for  making  application;  judgment;  execution  not  to  issue 
if  bond  given  and  payments  continued  according  to  original  award.  Judg- 
ments on  agreements  or  aivards.  At  any  time  before  final  payment  of 
compensation  has  been  made  under  or  pursuant  to  any  award,  or  agree- 
ment of  the  parties  modifying  same,  the  workman  may,  upon  notice  to 
the  employer,  apply  to  the  said  district  court  for  judgment  against  the 
employer  for  a  lump  sum  equal  to  80  per  cent  of  the  amount  of  pay- 
ments due  and  unpaid  and  prospectively  due  under  said  award;  and  un- 
less the  proceeding  be  stayed  as  hereinafter  provided  in  section  18  of  this 
act,  or  unless  said  award  be  canceled  as  provided  in  section  16  of  this 
act,  or  the  liability  thereunder  redeemed  as  provided  in  section  19  of  this 
act,  the  court  shall  hear  all  competent  evidence  offered,  and  if  satisfied 
that  the  workman's  application  for  judgment  is  made  because  of  doubt 
as  to  the  security  of  his  compensation,  shall  compute  the  sum  and  enter 
judgment  accordingly,  as  if  in  an  action :  Provided,  That  if  the  employer 
shall  give  a  good  and  sufficient  bond,  approved  by  the  court,  no  execution 
shall  issue  on  such  judgment  so  long  as  the  employer  continues  to  make 
payments  in  accordance  with  the  original  award  undiminished  by  the 
discount.  [G.  S.  1915,  §  5925,  as  amended  by  Laws  1917,  ch.  226,  §  17; 
May  26.] 

Case  construing  section  before  amendment : 

"Section  16  of  this  act,"  mentioned  herein,  is  §  584,  supra. 
"Section  18  of  this  act,"  mentioned  herein,  is  §  586,  post. 
"Section  19  of  this  act,"  mentioned  herein,  is  §  587,  post. 

Section  held  to  apply  only  in  case  of  agreement  or  award.  Roberts  v.  Packing  Co., 
95  K.  723,  731. 

§  586.  Stay  of  proceedings  by  employer  on  application  of  workman 
for  judgment  under  preceding  section;  filing  of  certificate  of  insurance 
company,  etc.,  that  amount  of  compensation  is  insured  by  it;  bond  to  se- 
cure payment  of  compensation;  approval  of  certificate  or  bond  by  district 
judge.  In  any  proceeding  upon  the  application  of  a  workman  for  a  judg- 
ment against  his  employer  upon  an  award,  as  provided  in  section  17  of 
this  act,  and  before  judgment  has  been  granted,  the  employer  may  stay 
the  proceedings  upon  such  application  by  filing  in  the  office  of  the  clerk  of 
the  district  court  wherein  the  proceedings  are  pending:  (a)  A  certificate 
of  a  licensed  or  authorized  insurance  company,  or  reciprocal  or  inter- 
insurer's  exchange  or  association  that  the  amount  of  the  compensation  to 
the  workman  is  insured  in  it;  or  (b)  a  proper  bond  undertaking  to  secure 
the  payment  of  the*  compensation.  Such  certificate  or  bond  shall  first  be 
approved  by  the  judge  of  the  said  district  court.  [Laws  1917,  ch.  226, 
§18;  May  26.] 

"Section  17  of  this  act,"  mentioned  herein,   is   §  585,  supra. 

§  587.  Redemption  of  award  by  employer  after  payments  made  for 
six  months;  amount  of  lump  sum  to  be  paid;  determination  of  amount  by 
agreement;  application  to  judge  of  district  court;  notice;  employer  dis- 
charged from  further  liability.  Redemption  of  liability.  Where  payments 

214 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§§  588-590 

under  an  award  have  been  made  for  not  less  than  six  months,  the  liability 
under  such  award  may  be  redeemed  by  the  employer  at  his  option  by  the 
payment  to  the  workman  of  a  lump  sum  equal  to  80  per  cent  of  the 
amount  of  payments  due  and  unpaid  and  prospectively  due  under  the 
award,  such  amount  to  be  determined  by  agreement,  or,  in  default 
thereof,  upon  application  of  either  party,  upon  notice  to  the  other  party 
by  the  judge  of  the  district  court  having  jurisdiction.  Upon  paying  such 
amount,  the  employer  shall  be  discharged  of  and  from  all  further  lia- 
bility under  said  award.  [G.  S.  1915,  §  5927,  as  amended  by  Laws  1917, 
ch.  226,  §19;  May  26.] 

Case  constrain?  section  before  amendment: 

Section  held  to  apply  only  in  case  of  agreement  or  award.      Roberts  v.  Packing  Co., 
95  K.  723,  732. 

§  588.  Insurer  subrogated  to  rights  and  duties  of  employer  where  pay- 
ment of  compensation  to  workman  is  insured  at  expense  of  employer. 

Insurance.  Where  the  payment  of  compensation  to  the  workman  is  in- 
sured, by  a  policy  or  policies,  at  the  expense  of  the  employer,  the  insurer 
shall  be  subrogated  to  the  rights  and  duties  under  this  act  of  the  employer, 
so  far  as  appropriate.  [G.  S.  1915,  §  5928.] 

§  589.  Construction  of  references  in  this  act  to  district  court  having 
jurisdiction  of  civil  action  between  the  parties;  court  to  make  necessary 
rules.  Courts.  All  references  hereinbefore  to  a  district  court  of  the  state 
of  Kansas  having  jurisdiction  of  a  civil  action  between  the  parties  shall  be 
construed  as  relating  to  the  then  existing  code  of  civil  procedure.  Such 
court  shall  make  all  rules  necessary  and  appropriate  to  carry  out  the  pro- 
visions of  this  act.  [G.  S.  1915,  §  5929.] 

§  590.  Workman's  right  to  compensation  determined  and  enforced  by 
action;  consent  to  arbitration,  etc.;  right  to  jury  deemed  waived  unless 
demanded;  judgment  for  lump  sum  or  periodical  payments;  review  of 
judgment  after  six  months;  action  where  death  results  from  injury;  dis- 
tribution of  compensation;  action  to  set  aside  release  joined  with  action 
for  compensation;  action  not  to  be  brought  outside  the  state;  notice  by 
publication.  Actions.  A  workman's  right  to  compensation  under  this  act 
may,  in  default  of  agreement  or  if  the  employer  shall  have  refused  to 
consent  to  an  arbitration  of  the  workman's  claim  for  "compensation,  be 
determined  and  enforced  by  action  in  any  court  of  competent  jurisdiction, 
but  no  such  action  shall  be  maintained  until  and  unless  the  workman 
shall  have  consented  to  an  arbitration  or  applied  to  the  court  as  herein- 
before provided  for  an  arbitrator.  In  every  such  action  the  right  to  trial 
by  jury  shall  be  deemed  waived  and  the  case  tried  by  the  court  without  a 
jury,  unless  either  party  shall  within  ten  days  after  issues  are  joined 
demand  a  jury  trial.  The  judgment  in  the  action,  if  in  favor  of  the  plain- 
tiff, shall  be  for  a  lump  sum  equal  to  the  amount  of  the  payments  then  due 
under  this  act,  with  interest  on  the  payments  overdue,  or,  in  the  discretion 
of  the  trial  judge,  for,  periodical  payments,  as  in  an  award:  Provided,  In 
no  case  shall  a  lump  sum  judgment  be  rendered  for  any  injury  not  ascer- 
tainable  by  objective  examination,  but  in  such  cases  the  court  may  order 
periodical  payments  during  incapacity  of  such  sums  as  may  be  due  under 
the  provisions  of  section  4  of  this  act  and  such  judgment  may  be  reviewed 
at  any  time  after  the  expiration  of  six  months  upon  application  of  either 
party  and  the  amount  allowed  by  the  court  reduced  or  raised  in  accordance 
with  the  evidence  introduced  at  the  time  of  such  review.  Where  death 
results  from  injury,  the  action  shall  be  brought  by  the  dependent  or  the 

215 


§  590]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

dependents  entitled  to  the  compensation  or  by  the  legal  representative  of 
the  deceased  for  the  benefit  of  the  dependents  as  herein  defined;  and  in 
such  action  the  judgment  may  provide  for  the  proportion  of  the  compen- 
sation to  be  distributed  to  or  between  the  several  dependents;  otherwise 
such  proportion  shall  be  determined  by  the  proper  probate  court.  An 
action  to  set  aside  a  release  or  other  discharge  of  liability  on  the  ground  of 
fraud  or  mental  incompetency  may  be  joined  with  an  action  for  compensa- 
tion under  this  act.  No  action  or  proceeding  provided  for  in  this  act  shall 
be  brought  or  maintained  outside  of  the  state  of  Kansas,  and  notice  there- 
of may  be  given  by  publication  against  nonresidents  of  the  state  in  the 
manner  now  provided  by  article  6  of  chapter  93,  General  Statutes  of 
Kansas  of  1915,  so  far  as  the  same  may  be  applicable,  and  by  service  of  a 
true  copy  of  the  first  publication  within  21  days  after  the  date  of  the  said 
first  publication  unless  excused  by  the  court  upon  proper  showing  that 
such  service  cannot  be  made.  [G.  S.  1915,  §  5930,  as  amended  by  Laws 
1917,  ch.  226,  §  20;  May  26.] 

"Article  6  of  chapter  93,  General  Statutes  of  Kansas  of  1915,"  is  article  6  of  the 
code  of  civil  procedure  and  contains  the  provisions  of  the  code  relating  to  service  by 
publication. 

Cases  construing  section  before  amendment: 

Amount  and  manner  of  awarding  compensation,  discussed.  Gorrell  v.  Battelle 
93  K.  370. 

Judgment  for  lump  sum  or  periodical  payments  discretionary  with  court.  Cain  v. 
Zinc  Co.,  94  K.  680;  Roberts  v.  Packing  Co.,  95  K.  723;  McCracken  v.  Bridge 
Co.,  96  K.  355;  McCracken  v.  Bridge  Co.,  96  K.  799;  Halverhout  v.  Milling  Co., 

97  K.  484;  McCorkle  v.  Mill  &  Elevator  Co.,  99  K.  131. 

Effort  to  agree  or  procure  arbitration  not  prerequisite  to  action.  Ackerson  v.  Zinc  Co., 
96  K.  781;  Halverhout  v.  Milling  Co.,  97  K.  484. 

Exercise  of  discretion  by  trial  court,  considered.  Girten  v.  Zinc  Co.,  98  K.  405.  (Not 
decided  that  weekly  allowance  for  partial  incapacity  may  ever  be  less  than  twenty- 
five  per  cent  of  former  average  earnings.  Odrowski  v.  Swift  &  Co.,  99  K.  163.) 

Provision  for  reexamination  of  amount  of  compensation  cannot  be  extended  to  judg- 
ments under  this  section.  Roberts  v.  Packing  Co.,  98  K.  750. 

Application  to  modify  judgment  because  of  subsequent  developments  is  in  nature  of 
petition  for  new  trial  and  must  be  made  within  one  year.  Roberts  v.  Packing  Co., 

98  K.  750. 

Failure  to  accept  offer  made  by  employer  not  a  bar  to  recovery  by  employee.     Sillix  T. 

Armour  &  Co.,  99  K.  103,  105. 
Refusal    to    continue    action    to    permit    time    to    elapse    to    ascertain    whether    injuries 

temporary  or  permanent,  when  more  than  a  year  had  passed  since  injury,  held  not 

error.     McCorkle  v.  Mill  &  Elevator  Co.,  99  K.   131. 
Release  of  liability  not  invalid  because  amount  paid  was  just  what  the  statute  made 

due  at  the  time.     Odrowski  v.  Swift  &  Co.,  99  K.  163. 
Power  of  courts  to  cancel  releases,  considered ;  grounds  for  cancellation.     Odrowski  T 

Swift  &  Co.,  99  K.  163. 

Lack  of  agreement  or  arbitration  constitutes  dispute  between  the  parties;  when  em- 
ployee entitled  to  maintain  action  to  have  facts  determined.  Sillix  v.  Armour  & 

Co.,   99  K.  426. 
Where   employer   in    answer  raises   question   of   duration    and    extent   of    incapacity   of 

workman,  he  cannot  be  heard  to  say  there  was  no  dispute.     Sillix  v.  Armour  &  Co.. 

99  K.  426. 

Lump-sum  judgment  based  on  finding  of  permanent  disability  not  set  aside  on  show- 
ing that  injured  workman  is  conducting  a  business  at  a  profit.  Moore  v.  Manu- 
facturing Co.,  99  K.  443. 

Jury  trial  deemed  waived  unless  demanded,  but  where  it  is  not  demanded,  a  court 
may  call  a  jury  to  find  the  facts  and  may  render  judgment  on  the  findings  of  the 
jury.  Ruth  v.  Witherspoon-Englar  Co.,  100  K.  608. 

Where  a  trial  by  jury  is  demanded  and  special  questions  are  answered,  but  no  gen- 
eral verdict  is  returned,  a  judgment  compelled  by  the  answers  to  the  questions  will 
not  be  reversed.  Ruth  v.  Witherspoon-Englar  Co.,  101  K.  406. 

In  actions  to  enforce  compensation  where  the  validity  of  a  release  or  other  discharge  of 
liability  is  involved,  either  party  may,  when  the  case  is  called  for  trial,  demand  a 
trial  of  that  issue  by  a  jury.  Vogler  v.  Bowersock,  102  K.  456. 

Evidence  examined  and  held  sufficient  to  sustain  a  judgment  setting  aside  a  release. 
Vogler  v.  Bowersock,  102  K.  456. 

Release  signed  when  parties  were  mutually  mistaken  as  to  the  extent  of  plaintiff's 
injuries  held  not  binding,  the  sum  therein  named  being  manifestly  inadequate. 
Smith  v.  Kansas  City,  102  K.  518. 


216 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§§  591-594 

§  591.  Cause  of  action  deemed  accrued  at  time  of  accident;  time  within 
which  action  must  be  brought  shall  run  from  such  date.  When  the  cause 
of  action  accrues.  The  cause  of  action  shall  be  deemed  in  every  case, 
including  a  case  where  death  results  from  the  injury,  to  have  accrued  to 
the  injured  workman  or  his  dependents  or  legal  representatives  at  the 
time  of  the  accident;  and  the  time  limit  in  which  to  commence  an  action 
for  compensation  therefor  shall  run  as  against  him,  his  legal  representa- 
tives and  dependents  from  the  date  of  the  accident.  [G.  S.  1915,  §  5931, 
as  amended  by  Laws  1917,  ch.  226,  §  21 ;  May  26.] 

§  592.  Claim  of  attorney  at  la'w  for  services  not  enforceable  lien 
unless  services  performed  under  contract  in  writing;  approval  of  contract 
by  judge  of  district  court;  submission  of  matter  to  judge;  notice.  Attor- 
ney's fees.  No  claim  of  any  attorney  at  law  for  services  rendered  in 
or  about  securing  any  compensation  or  agreement,  award  or  judgment 
for  compensation  shall  be  an  enforceable  lien  thereon  unless  the  services 
were  rendered  pursuant  to  and  under  the  terms  of  a  written  contract 
between  such  attorney  at  law  and  the  workman  or  the  guardian  of  the 
workman,  if  the  latter  be  a  minor  or  incompetent,  nor  unless  such  written 
contract  be  approved  in  writing  by  the  judge  of  the  court  where  the 
action  brought  by  the  workman  be  tried,  or,  if  no  trial  is  had,  then  by 
the  judge  of  the  district  court  in  the  county  where  the  workman  resided 
at  the  time  of  the  injury,  to  which  judge  the  matter  may  be  regularly 
submitted  on  due  notice  to  the  party  or  parties  in  interest  of  such  sub- 
mission. [G.  S.  1915,  §5932,  as  amended  by  Laws  1917,  ch.  226,  §22; 
May  26.] 

§  593.  Employer  may  contract  with  workman  for  substitution  of 
scheme  of  compensation,  benefit  or  insurance  for  provisions  of  this  act; 
certificate  of  superintendent  of  insurance  with  written  approval  of  attor- 
ney-general required;  employer  liable  only  in  accordance  with  such 
scheme.  Certificate  required.  If  the  superintendent  of  insurance  by  and 
with  the  advice  and  written  approval  of  the  attorney-general  certifies 
that  any  scheme  of  compensation,  benefit  or  insurance  for  the  workman 
of  an  employer  in  any  employment  to  which  this  act  applies,  whether  or 
not  such  scheme  includes  other  employers  and  their  workmen,  provides 
scales  of  compensation  not  less  favorable  to  the  workmen  and  their 
dependents  than  the  corresponding  scales  contained  in  this  act,  and  that, 
where  the  scheme  provides  for  contributions  by  the  workman,  the  scheme 
confers  benefits  at  least  equivalent  to  those  contributions,  in  addition 
to  the  benefits  to  which  the  workmen  would  have  been  entitled  under 
this  act  or  their  equivalents,  the  employer,  may,  while  the  certificate 
is  in  force,  contract  with  any  of  his  workmen  that  the  provisions 
of  the  scheme  shall  be  substituted  for  the  provisions  of  this  act;  and 
thereupon  the  employer  shall  be  liable  only  in  accordance  with  that 
scheme;  but,  save  as  aforesaid,  this  act  shall  not  apply  notwithstanding 
any  contract  to  the  contrary  made  after  this  act  becomes  a  law.  [G.  S. 
1915,  §  5933.] 

§  594.  Scheme  not  to  be  certified  unless  provisions  made  for  distribu- 
tion of  moneys  or  securities  when  scheme  terminated.  Condition  to  cer- 
tificate. No  scheme  shall  be  so  certified  which  does  not  contain  suitable 
provisions  for  the  equitable  distribution  of  any  moneys  or  securities  held 
for  the  purpose  of  the  scheme,  after  due  provision  has  been  made  to  dis- 
charge the  liabilities  already  accrued,  if  and  when  such  certificate  is 
revoked  or  the  scheme  otherwise  terminated.  [G.  S.  1915,  §  5934.] 

217 


§§  595-599]  WORKMEN'S  COMPENSATION  ACT.  [Ch.  44 

§  595.  Revocation  of  certificate  and  termination  of  such  scheme  by 
superintendent  of  insurance  by  and  with  attorney-general;  causes  for 
such  revocation.  Certificate  to  be  revocable.  If  at  any  time  the  scheme 
no  longer  fulfills  the  requirements  of  this  article,  or  is  not  fairly  admin- 
istered, or  other  valid  and  substantial  reasons  therefor  exist,  the  super- 
intendent of  insurance  by  and  with  the  attorney-general  shall  revoke 
the  certificate  and  the  scheme  shall  hereby  be  terminated.  [G.  S.  1915, 
§  5935.] 

§  596.  Employer  to  answer  inquiries  and  furnish  accounts  to  super- 
intendent where  certified  scheme  in  effect.  Information  to  be  reported. 
Where  a  certified  scheme  is  in  effect  the  employer  shall  answer  all  such 
inquiries  and  furnish  all  such  accounts  in  regard  thereto  as  may  be  re- 
quired by  the  superintendent.  [G.  S.  1915,  §  5936.] 

§597.  Superintendent  of  insurance  may  make  rules  and  regulations 
to  carry  out  the  four  preceding  sections.  The  superintendent  of  insurance 
may  make  all  rules  and  regulations  necessary  to  carry  out  the  purposes 
0."  the  four  preceding  sections.  [G.  S.  1915,  §  5937.] 

§  598.  Employers  entitled  to  come  within  provisions  of  act  deemed  to 
have  done  so  unless  written  statement  filed  with  secretary  of  state;  ex- 
ception as  to  certain  employers;  change  of  election  by  filing  written 
declaration;  notice  of  election  to  be  posted.  Employer's  election.  Every 
employer  entitled  to  come  within  the  provisions  of  this  act,  as  defined  and 
provided  by  this  act,  shall  be  presumed  to  have  done  so,  except  such  em- 
ployer privileged  to  elect  to  come  within  the  provisions  of  this  act,  as 
provided  in  section  1  hereof  and  section  5902  of  the  General  Statutes  of 
1915,  unless  such  employer  shall  file  with  the  secretary  of  state  at  Topeka, 
Kansas,  a  written  statement  that  he  elects  not  to  accept  thereunder,  and 
thereafter  any  such  employer  desiring  to  change  his  election  shall  only  do 
so  by  filing  a  written  declaration  thereof  with  the  secretary  of  state. 
Notice  of  such  election  shall  be  forthwith  posted  by  such  employer  in  con- 
spicuous places  in  and  about  his  place  of  business.  [G.  S.  1915,  §  5938, 
as  amended  by  Laws  1917,  ch.  226,  §  23;  May  26.] 

"Section  1,  hereof,"  mentioned  in  the  foregoing  section,  relates  to  Laws  1917, 
ch.  226,  §  1,  which  is  printed  as  §  561,  supra. 

"Section  5902  of  the  General  Statutes  of  1915,"  mentioned  in  the  above  section,-  is 
§  563,  supra. 

Employer  presumed  within  act  until  contrary  appears.     Gorrell  v.  Battelle,  93  K.  370. 
Employer  not   coming  under   act,   employee  entitled  to  other   remedies.      Smith  v.    Cement 
Co.,  94  K.   501. 

§  599.  Employee  entitled  to  come  within  provisions  of  act  deemed  to 
have  done  so  unless  written  declaration  of  election  not  to  accept  filed  with 
secretary  of  state  and  duplicate  with  employer  before  injury;  change  of 
election;  contract  requiring  employee  to  make  such  election  void.  Em- 
ployee's election.  Every  employee  entitled  to  come  within  the  provisions 
of  this  act  shall  be  presumed  to  have  done  so  unless  such  employee  shall 
file  with  the  secretary  of  state,  before  injury,  a  written  declaration  that 
he  elects  not  to  accept  thereunder  and  at  the  same  time  file  a  duplicate  of 
said  election  with  his  employer,  and  thereafter  any  such  employee  desir- 
ing to  change  his  election  shall  only  do  so  by  filing  a  written  declaration 
thereof  with  the  secretary  of  state,  and  a  duplicate  of  same  with  his  em- 
ployer. Any  contract  wherein  an  employer  requires  of  an  employee  as  a 
condition  of  employment  that  he  shall  elect  not  to  come  within  the  provi- 
sions of  this  act  shall  be  void.  [G.  S.  1915,  §  5939,  as  amended  by  Laws 
1917,  ch.  226,  §24;  May  26.] 

218 


Ch.  44]  WORKMEN'S  COMPENSATION  ACT.  [§§  600, 601 

Employee  not  deprived  of  other  rights  if  election  made.     Shade  v.  Cement  Co.,  93  K.  258. 
Employer  not   coming  under   act,   employee  entitled  to  other  remedies.      Smith   v.   Cement 
Do.,   94  K.  501. 

§  600.  Action  by  employee  against  employer  who  has  elected  not  to 
come  within  provisions  of  act;  defenses  of  assumption  of  risk  or  hazard, 
want  of  due  care  of  fellow  servant  and  contributory  negligence  of  em- 
ployee, abrogated.  Defenses  abrogated.  In  any  action  to  recover  dam- 
ages for  a  personal  injury  sustained  within  this  state  by  an  employee 
(entitled  to  come  within  the  provisions  of  this  act)  while  engaged  in  the 
line  of  his  duty  as  such  or  for  death  resulting  from  personal  injuries  so 
sustained,  in  which  recovery  is  sought  upon  the  ground  of  want  of  due 
care  of  the  employer,  or  of  any  officer,  agent  or  servant  of  the  employer, 
where  such  employer  is  within  the  provisions  hereof,  it  shall  not  be  a 
defense  to  any  employer  (as  herein  in  this  act  defined)  who  shall  have 
elected,  as  hereinbefore  provided,  not  to  come  within  the  provisions  of 
this  act:  (a)  That  the  employee  either  expressly  or  impliedly  assumed 
the  risk  of  the  hazard  complained  of.  (6)  That  the  injury  or  death  was 
caused  in  whole  or  in  part  by  the  want  of  due  care  of  a  fellow  servant, 
(c)  That  such  employee  was  guilty  of  contributory  negligence.  [G.  S. 
1915,  §  5940,  as  amended  by  Laws  1917,  ch.  226,  §  25;  May  26.] 

Cases  construing  section  before  amendment: 

Section  held  valid.     Hovis  v.  Refining  Co.,  95  K.  505. 

Contributory  negligence  on  part  of  engineer,  considered.  Ballou  v.  Railway  Co., 
95  K.  761. 

Assumption  of  risk,  considered.     Drake  v.  Street  Railway  Co.,  96  K.  727. 

Contributory  negligence  not  a  bar  to  recovery;  considered  by  jury  in  assessing  dam- 
ages. Marshall  v.  Anderson,  98  K.  573. 

Section  cited  in  considering  question  whether  act  applies  to  injuries  received  outside 
of  the  state.  Hicks  v.  Swift  &  Co.,  101  K.  760. 

§  601.  Action  against  employer  operating  under  provisions  of  act  by 
employee  who  has  filed  election  not  to  accept  thereunder;  defenses  of  as- 
sumption of  risk  or  hazard,  want  of  due  care  of  fellow  servant  and  con- 
tributory negligence  of  employee,  continued;  defenses  not  available  where 
injury  caused  by  willful  negligence  of  employer  or  managing  officer  or 
agent.  Defenses  continued.  In  an  action  to  recover  damages  for  a  per- 
sonal injury  sustained  within  this  state  by  an  employee  (entitled  to  come 
within  the  provisions  of  this  act)  while  engaged  in  the  line  of  his  duty  as 
such,  or  for  death  resulting  from  personal  injury  so  sustained  in  which 
recovery  is  sought  upon  the  ground  of  want  of  due  care  of  the  em- 
ployer or  any  officer,  agent  or  servant  of  the  employer,  and  where  such 
employer  at  the  time  of  the  injury  is  operating  under  the  provisions  of 
this  act  and  has  not  filed  his  election  not  to  accept  thereunder,  it  shall  be 
a  defense  for  such  employer  in  all  cases  where  said  employee  has  elected 
not  to  come  within  the  provisions  of  this  act;  (a)  that  the  employee 
either  expressly  or  impliedly  assumed  the  risk  of  the  hazard  complained 
of;  (6)  that  the  injury  or  death  was  caused  in  whole  or  in  part  by  the 
want  of  due  care  of  the  fellow  servant;  (c)  that  said  employee  was  guilty 
of  contributory  negligence:  Provided,  however,  That  none  of  these  de- 
fenses shall  be  available  where  the  injury  was  caused  by  the  willful 
negligence  of  such  employer,  or  of  any  managing  officer,  or  of  managing 
agent  of  said  employer.  [G.  S.  1915,  §  5941,  as  amended  by  Laws  1917, 
ch.  226,  §26;  May  26.] 

Section  cited  in  considering  question  whether   act   applies   to   injuries  received  outside  or 
the  state.     Hicks  v.  Swift  &  Co.,  101  K.  760. 


219 


§§  602-604] 


WRONGFUL  DEATH. 


[Ch.  45 


§  602.  Acts  which  shall  not  be  construed  to  be  amended  or  repealed 
by  this  act.  Nothing  in  this  act  shall  be  construed  to  amend  or  repeal 
section  6999  of  the  General  Statutes  of  Kansas  of  1909,  or  house  bill  No. 
240  of  the  Session  of  1911,  the  same  being  "An  act  relating  to  the  liability 
of  common  carriers  by  railroads  to  their  employees  in  certain  cases,  and 
repealing  all  acts  and  parts  of  acts  so  far  as  the  same  are  in  conflict 
herewith."  [G.  S.  1915,  §  5942.] 

''Section  6999  of  the  General  Statutes  of  Kansas  of  1909,"  referred  to  herein,  is 
§  435,  ante. 

"House  bill  No.  240  of  the  Session  of  1911,"  referred  to  herein,  is  Laws  1911,  ch. 
239.  Said  chapter  is  printed  as  §§  461-466,  ante. 

§  603.  Sections  repealed  by  Laws  of  1917,  ch.  226.  That  sections  5896, 
5900,  5903,  5905,  5906,  5909,  5910,  5911,  5913,  5914,  5915,  5917,  5918,  5919, 
5921,  5922,  5923,  5924,  5925,  5926,  5927,  5930,  5931,  5932,  5938,  5939,  5940, 
5941  of  the  General  Statutes  of  1915  and  all  acts  and  parts  of  acts  in  con- 
flict herewith  are  hereby  repealed.  [Laws  1917,  ch.  226,  §  28;  May  26.] 


CHAPTER  45.— WRONGFUL  DEATH. 


§604.  Action  for  death  caused  by  wrong- 
ful act  or  omission  may  be  brought 
by  personal  representatives  of  de- 
ceased ;  time  for  bringing  such 
action ;  limit  of  amount  of  dam- 


ages ;    distribution    of    amount    ob- 
tained. 

§605.  Widow  or  next  of  kin  may  bring 
such  action  for  wrongful  death 
in  certain  cases. 


PART  OF  LAWS  OF  1909,  CH.  182   (CODE  OF  CIVIL  PROCEDURE). 

§  604.  Action  for  death  caused  by  wrongful  act  or  omission  may  be 
brought  by  personal  representatives  of  deceased;  time  for  bringing  such 
action;  limit  of  amount  of  damages;  distribution  of  amount  obtained. 

When  the  death  of  one  is  caused  by  the  wrongful  act  or  omission  of  an- 
other, the  personal  representatives  of  the  former  may  maintain  an  action 
therefor  against  the  later,  if  the  former  might  have  maintained  an  action 
had  he  lived,  against  the  latter  for  an  injury  for  the  same  act  or  omission. 
The  action  must  be  commenced  within  two  years.  The  damages  cannot 
exceed  ten  thousand  dollars,  and  must  inure  to  the  exclusive  benefit  of 
the  widow  and  children,  if  any,  or  next  of  kin,  to  be  distributed  in  the 
same  manner  as  personal  property  of  the  deceased.  [G.  S.  1915,  §  7323.] 

Wrongful  death  of  nonresident;  Kansas  administrator  may  still  bring  action.  Cox, 
Adm'r,  v.  Kansas  City,  86  K.  298. 

Action  by  widow  against  city;  notice  by  injured  person  unnecessary.  Nesbit  v.  City  of 
Topeka,  87  K.  394. 

Mining  statute  comes  within  provisions  of  this  section.     Cheek  v.  Railway  Co.,  89  K.  247. 

Factory  act  comes  within  provisions  of  this  section.     Mott,  Adm'x,  v.  Long,  90  K.  111. 

Foreign  special  administrator  cannot  maintain  action  for  death  of  resident.  Metrakos  v. 
Railway  Co.,  91  K.  342. 

Action  maintainable  for  wrongful  death  on  Fort  Leavenworth  military  reservation.  Hoff- 
man v.  Power  Co.,  91  K.  450. 

Action  revived  and  settled  by  administrator;  recovery  hereunder  barred.  Berner  v.  Mer- 
cantile Co.,  93  K.  769. 

Section  discussed  in  connection  with  "workmen's  compensation  act."  Taylor  v.  Sulzberger 
&  Sons  Co.,  98  K.  173. 

Person  who  may  bring  action  when  deceased  engaged  in  interstate  commerce,  considered. 
G-iersch  v.  Railway  Co.,  98  K.  452. 

Limitation  of  time  for  bringing  action  prescribed  in  this  act  applies  to  action  brought 
under  employers'  liability  act  (§§  461-466,  ante)  for  wrongful  death  of  employee. 
Harwood  v.  Railway  Co.,  101  K.  215. 

Cases  construing  similar  section  of  Old  Code : 

Administrator  appointed  in  another  state  may  sue  under  this  section.     K.  P.  Rly.   Co. 

v.  Cutter,  16  K.  569. 

Injury    inflicted    in    another    state;    section   has    no    extraterritorial    force.      McCarthy 
Adm'r,  v.  Railroad  Co.,  18  K.  46. 

220 


Ch.  45]  WRONGFUL  DEATH.  [§  605 

Recovery   is  to  be  of  pecuniary  compensation  for  pecuniary  loss.      K.   P.   Rly.   Co.   v 

Cutter,  19  K.  83. 
Claim  prosecuted  for  benefit  of  widow,  etc. ;   not  an  estate.     Perry,  Adm'r.  v.  St.  J.  & 

W.  Rid.  Co.,  29  K.  420. 
Administration  granted  upon  estate  of  a  minor.     Wheeler,  Adm'r,  v.  St.  J.  &  W.  Rid. 

Co.,  31  K.  640. 

Time  for  bringing  action  considered.     A.  T.  &  S.  F.  Rid.  Co.  v.  King,  31  K.  710. 
Administrator    appointed    in    another    state   may    not   bring    action,    when.      Limekiller, 

Adm'r,  v.  H.  &  St.  J.  Rid.  Co.,  33  K.  88. 
Nominal  damages  recovered  when  no  actual  pecuniary  damages  shown.     A.  T.  &  S.  F. 

Rid.  Co.  v.  Weber,  Adm'r,  33  K.  543. 
Manumission  of  minor  child,  considered  by  jury;   not  prevent  recovery.      St.  J.   &  W. 

Rid.  Co.  v.  Wheeler,  35  K.   185. 

Action  under  Missouri  statute;  plaintiffs  must  bring  themselves  within  statute.     Ham- 
ilton v.  H.  &  St.  J.  Rid.  Co.,  39  K.  56. 

Contributory  negligence  a  matter  of  defense.     Mo.  Pac.  Rly.  Co.  v.  McCally,  41  K  639. 
Amount  of  recovery  considered.     C.  K.  &  W.   Rid.   Co.  v.   Bockoven,   53  K.   279 ;   A. 

T.  &  S.  F.  Rid.  Co.  v.  Rowe,  56  K.  411;  Gas  Co.  v.  Carter,  65  K.  565. 
Provision  is  remedial  and  prospective;    applicable  to   statutory  liabilities.     Vickers   T. 

Cloud  County,  59  K.  88. 
Limitation  of  action;   condition  imposed  upon  exercise  of  right.      Rodman  v.   Railway 

Co.,   65  K.  645. 
Averments  of  widowhood,  etc.,  not  allegations  of  authority  within   §  7002.     Vaughn  v. 

Railroad  Co.,  65  K.  685. 
Next    of    kin;    husband    may    recover    for    wife's    death.      Railway    Co.    v.    Townsend, 

'71  K.   524. 
Nom-esident,   alien  parents,  may  maintain  action  for  minor  son's  death.     Railway  Co. 

v.  Fajardo,  74  K.  314. 
Action  not  maintainable  where  deceased  had  no   right  of   action.      Sewell  v.    Railway 

Co.,  78  K.  1;  Railway  Co.  v.  Rudolph,  78  K.  695. 

§  605.  Widow  or  next  of  kin  may  bring  such  action  for  wrongful 
death  in  certain  cases.  That  in  all  cases  where  the  residence  of  the  party 
whose  death  has  been  or  hereafter  shall  be  caused  as  set  forth  in  the 
next  preceding  section  is  or  has  been  at  the  time  of  his  death  in  any  other 
state  or  territory,  or  when,  being  a  resident  of  this  state,  no  personal  rep- 
resentative is  or  has  been  appointed,  the  action  provided  in  said  section 
may  be  brought  by  the  widow,  or  where  there  is  no  widow,  by  the  next 
of  kin  of  such  deceased.  [G.  S.  1915,  §  7324.] 

Wrongful  death  of  nonresident;  Kansas  administrator  may  still  bring  action.     Cox,  Adm'r, 

v.  Kansas  City,  86  K.  298. 
Action  by  widow  against  city ;   notice  by  injured  person  unnecessary.     Nesbit  v.   City  of 

Topeka,  87  K.  394. 

Action  under  mining  act  may  be  brought  by  widow.  Cheek  v.  Railway  Co.,  89  K.  247. 
Action  under  factory  act  may  be  brought  by  widow.  Mott,  Adm'x,  v.  Long,  90  K.  111. 
Wrongful  death  of  husband;  poisoned  food;  widow  may  maintain  action.  Parks  v.  Pie 

Co.,  93  K.  334. 
Section  held   to   afford  cumulative  but  not   exclusive   remedy.      Robinson   v.    Railway   Co., 

96  K.  656. 
Section  discussed  in  connection  with  "workmen's  compensation  act."     Taylor  v.  Sulzberger 

&  Sons  Co.,  98  K.  173. 
Person  who  may  bring  action  when  deceased  engaged  in  interstate  commerce,   considered. 

Giersch  v.  Railway  Co.,  98  K.  452. 
Cases  construing  similar  section  of  Old  Code: 

Section  held  constitutional:  supplemental  act;  section  merely  change  of  remedy.     Berry 

v.  K.  C.  Ft.  S.  &  M.  Rid.  Co.,  52  K.  759. 
Action  brought  by  widow  after  section  went  into  effect.      Berry  v.  K.  C.  Ft.  S.  &  M. 

Rid.  Co.r  52  K.  759. 
Section    application    when    death    results;    necessary    allegations   of   petition.      City    of 

Eureka  v.  Merrifield,  53  K.  794. 
Effect  of   section,   considered;    merely  change  of  remedy.     A.  T.  &  S.  F.   Rid.   Co.  v. 

Xapole,  55  K.  401. 
Necessary  allegations  of  petition  concerning  nonappointment  of  personal  representative: 

amendment.     Walker  v.  O'Connell,  59  K.  306. 

"Next  of  kin,"  defined;  admissions  by  next  of  kin.     Railway  Co.  v.  Ryan,  62  K.  682. 
Averments  of  widowhood,  etc.,  not  allegations  of  authority  within    §  110.     Vaughn   v. 

Railroad  Co.,  65  K.  685. 
Next   of  kin:    husband   may  recover   for   death   of   wife.      Railway   Co.   v.   Townsend, 

71  K.  524. 
Necessary    for    plaintiff    to    prove    widowhood,    nonappointment    of    administrator,    etc. 

Bastine  v.  A.  T.  &  S.  F.  Rly.  Co.,  71  K.  854. 

Nonresident,  alien  parents,  may  maintain  action  for  minor  son's  death.      Railway  Co. 
v.  Fajardo,  74  K.  314. 

221 


INDEX. 


ABANDONED  MINES—  section 

Fences  about  entrance  to  be  main- 
tained   336 

Openings  to  abandoned  portion  of 
mine  to  be  securely  gobbed  or 
blocked  off  345 

Penalty  for  failure  to  comply  with 
provisions  of  act 340 

Report    to    mine    inspector    when    mine 

abandoned    331 

ACCIDENTS— 

Accidents  to  be  reported 11 

Annual  report  of  factory  inspector, 
report  of  accidents 12 

Coal  mines — 

— Applicability  of  accident-reporting 
act  14 

— Attendance   of   witnesses 339 

— Costs   of   investigation 339 

— Duty  of  inspector  to  investigate.  .  .  .  339 

— Investigation  b'y  inspector  when 
coroner  does  not  investigate 339 

• — Notice  to  coroner  when  any  person 
killed  339 

— Notice  to  mine  inspector  when  loss 
of  life  or  serious  accident  results.  .  .  339 

Duty  of  factory  inspector  to  make  in- 
vestigation and  recommendations.  .  11 

Failure  to  send  notices  and  statements 
required,  penalty .  13 

Industrial  establishments  in  which 
accidents  to  be  reported 11 

Inquest,  attendance  by  inspector  or 
deputy  11 

Mine-rescue  work.  —  See  Mine-rescue 
Work-. 

Penalty  for  failure  to  report  accidents,     13 

Public  utilities  commission,  powers, 
etc. — See  note  to  ch.  36. 

Railroads. — See  note  to  ch.   36. 

Salt  mines,  applicability  of  accident- 
reporting  act 14 

Statement  not   competent  evidence.  ...     11 

Statement    to  be   sent   to    state  factory 

inspector    11 

ACTIONS— 

Death,  violation  of  health-and-safety 
act  concerning  mines 337 

Injury  or  damage  from  violation  of 
health-and-safety  act  relating  to 
mines  337 

Wrongful  death — 

— Action  may  be  brought  by  personal 
representatives  of  deceased 604 

— Distribution  of  amount  obtained.  .  .  604 

— Limit  of  amount  of  damages 604 

— Next  of  kin  may  bring  action  in  cer- 
tain cases  605 

— Time  for  bringing  such  action 604 

— Widow  may  bring  action  in  certain 

cases     ;  •  605 

See,  also,  Damages;  Industrial 
Welfare  Commission;  Injunc- 
tions in  Labor  Cases:  Manu- 
facturing Establishments:  Mine 
Inspector;  Wages;  Workmen's 
Compensation  Act. 
AIR-COURSES— 

See  Break-throughs  in  Coal  Mines. 

AIR-GATES — 

See  Ventilation  of  Coal  Mines. 


AIR-SHA  FTS—  section 

See  Escape-shafts  in  Coal  Mine*. 
UB-WAI8— 

See  Ventilation  of  Coal  Mines. 
ANT1PASS   A(T— 

See    Free    Passes,    etc.,    on    Rail- 
roads. 
APPRENTICES — 

Action  for  damages  by  master,  time 
for  bringing  action 38 

Affidavit  of  master  indorsed  on  in- 
denture    17 

Age  of  apprentice  inserted  in  in- 
denture    24 

Bail  for   appearance   of   apprentice.  .  .     30 

Bound  again  when  discharged  by 
court  on  removal  of  master 36 

Commitment  of  apprentice  in  default 
of  bail  30 

Complaint  when  apprentice  absconds 
or  rebels,  etc 29 

Complaints  of  apprentices,  probate 
court  to  receive 26 

Complaints  of  masters  against  ap- 
prentices    28 

Custody  of  apprentice  committed  to 
another  person  on  default  of  master 
to  give  bond 35 

Damages  recoverable  by  master  when 
apprentice  absents  himself  from 
service  of  master 38 

Desertion  by  apprentice,  order  to 
make  restitution,  costs 28 

Discharge  of  apprentice  by  probate 
court  ' 27 

Discharge  of  apprentice  when  master 
removes  or  quits  trade 36 

Executor  may  bind  out  child  with  con- 
sent of  mother  33 

Executor  may  raise  child  with,  con- 
sent of  mother  33 

Executor  to  bring  apprentice  into 
court  on  death  of  all  masters 37 

Forfeiture  by  person  counseling,  etc., 
apprentice  to  run  away 31 

Grievances,  probate  court  to  redress.  .     23 

Incapacity,   etc.,   of  father  of  child.  .  .     19 

Indenture,  counterpart  deposited  with 
probate  court  21 

Indenture  not  entered  into  according 
to  law,  void  25 

Indenture,  probate  court  to  enforce 
terms,  etc 23 

Indenture  survive  on  death  of  one 
master  37 

Infants  may  bind  themselves,  when.  .  .     16 

Master  may  consent  to  discharge  of 
apprentice  from  imprisonment 30 

Master  may  recover  forfeiture  for 
counseling,  etc.,  apprentice  to  run 
away  31 

Master  not  to  remove  apprentice  out 
of  state  .-  22 

Master  wishing  to  remove  or  quit 
trade,  proceedings  36 

Minor,  guardian  may  bind 21 

Mother  may  give  consent  or  retain 
custody  18 

Orders  concerning  money,  etc.,  paid  or 
contracted  to  be  paid 27 

Orphan,  clause  to  be  inserted  in  in- 
denture    22 


223 


INDEX. 


APPRENTICES — continued:  section 

Orphan,    guardian   may  bind 21 

Person    bound    shall    serve    for    time 

specified     15 

Poor    child,    clause    to   be    inserted    in 

indenture     22 

Poor   child   may  be  bound  by   probate 

court    20 

Probate      court     to     bind     apprentice 

again    upon   discharge 27 

Punishment   of   apprentice 28 

Recognizance   by    master    about   to   re- 
move  apprentice  from   state 34 

Return  of  warrant  in  vacation,  bail.  .     30 
Run-away     apprentice,     forfeiture     by 

person    entertaining,    etc 32 

Run-away   apprentice,    master  may   re- 
cover    forfeiture     for     entertaining, 

etc 32 

Trial  of  complaints  by  jury 26 

Two    masters,     indenture    survive    on 

death  of  one  master 37 

Warrant  for   master   about   to   remove 

apprentice  out  of  state 34 

Warrant    issued    when    apprentice    ab- 
sconds, etc 29 

See,      also,      Industrial      Welfare 

Commission. 
ARBITRATION— 

See  Boards  of  Arbitration;  Work- 
men's Compensation  Act. 
ASSEMBLIES— 

See  Unlawful  Assemblies. 
ASSUMPTION   OF  RISK — 

See    Damages;    Workmen's    Com- 
pensation Act. 
ATTORNEY-GENERAL — 

Duty  to  appear  for  industrial  welfare 

commission     246 

Overhead  structures  over  railroad,   ac- 
tions to  enjoin    434 

Prosecution    of    railroad    company   vio- 
lating act  concerning  hours  of  labor,  460 
ATTORNEY'S   FEES— 

See    Blacklisting;    Damages^;    In- 
dustrial    Welfare    Commission; 
Wages;    Workmen's   Compensa- 
tion Act. 
AWARDS— 

See  Boards  of  Arbitration;  Work- 
men's Compensation  Act. 
BARBER  BOARD— - 

Administration   of    oaths 51 

Affidavit,    etc.,    of    person    engaged    in 

occupation  April  30,    1913 55 

Annual  renewal  of  certificate,  fee....     55 
Application  by  person  desiring  to  pur- 
sue  occupation,    fee 56 

Application    for    reissuance    of    certifi- 
cate,   permit,    etc 58 

Appointment  of  members  of  board ....     50 
Apprentice,    person    may    serve  'as,    li- 
cense issued  by  board 57 

Barber   schools   and  colleges,   board  to 

be   judges    56 

Barbers  in  practice  April  30,  1913.  .  .     49 

Board  of  examiners  created 50 

Card  or  certificate  to  be  furnished  by 

board     58 

Card    or    certificate    to    be    posted    in 

front  of  working  chair. 58 

Certificate   of   board   of   health   to    ap- 
pointee on  board    50 

Certificate     of     registration     to     appli- 
cants         56 

Compensation  of  members  of  board.  ..     52 


BAVPER   BOARD — continued:  section 

Copy    of    sanitary    rules    furnished    to 

each  person  having   certificate 50 

Employing    person    without    certificate, 

penalty     59 

Examination    of    applicants 56 

Examination    of    appointees    on    board 

by  state  board  of  health 50 

Excess  money  used  for  schools 53 

Extension    of    permit    for    good    cause 

shown     56 

Failure  to  comply  with  sanitary  rules, 

penalty     59 

Failure    to    keep    certificate,    etc.,    dis- 
played,   penalty.    59 

Fee   for   license   or   certificate 55 

Grounds  for   revocation   of  licenses...     58 
Inspection     of     record     of     certificates, 

permits,    etc 58 

Issuance  of  certificate  of  registration.  .     55 
Knowledge    of    contagious    and    infec- 
tious  diseases    50 

Majority  of  board  may  perform  duties,     51 

Members,    bond    and   oath 50 

Money  in  excess  of  $500  paid  over  to 

state  treasurer    53 

Notice    and    opportunity    for    hearing, 

etc.,  before  certificate  revoked 58 

Officers  of  board,   headquarters,   etc..  .     51 
Payment  of   compensation   of  members 

and   traveling   expenses 52 

Penalty  for  practicing  as  barber  with- 
out certificate    59 

Permit   to   practice   until    next   regular 

examination      56 

Public    examinations     54 

Publication    of    notice   of    public    meet- 
ings   of    board 54 

Qualifications   of    applicant 56 

Qualifications  of  members  of  board ...     50 

Quarterly  report  to  the  governor 53 

Register  of  persons  holding  certificates, 

permits,    etc 58 

Reissuance  of  certificate  or  permit,  ap- 
plication      58 

Revocation    of    licenses 58 

Sanitary    rules    50 

Sanitary   rules,    penalty   for   failure   to 

comply   with 59 

School    or    college    teaching    trade,    act 
not  to   prevent  person   attending.  .  .     57 

Term  of  office  of  examiners 50 

Traveling     expenses     of     members     of 

board     52 

Unlawful  to  follow  occupation  of  bar- 
ber without  certificate 49 

Vacancies   on  board,   how  filled 50 

Violation  of  act,  penalty 59 

BARBERS — 

See  Barber  Board. 
BATH-HOUSES  AT  COAL  MINES — 

Authority  of  mine  inspector  over  bath- 
houses     299 

Bath-houses   already   in   existence,   pro- 
visions concerning    299 

Cast-off  wearing  apparel  to  be  removed 
from    bath-house    by    persons    using 

bath-house     300 

Concrete     flooring1     in     wash-room     or 

bathroom     297 

Employees     responsible     for     property 

left    in    bath-house 297 

Employees  to  furnish  towels,  soap,  lock 

for   locker,    etc 297 

Equipment    of   bath-house 297 

Failure  of  owner,  lessee,   etc.,  to  com- 
ply  with    act,   penalty 299 

Floor    space    required 297 


224 


INDEX. 


BATH-HOUSES  AT  COAL  MINES — 

raittinued :  section 

Inspector  of  mines  to  have  supervision 

of  law    299 

Mines  to  which  act  shall  not  apply.  .  .  297 
Number  of  lockers  or  hangers  required,  297 

Number   of    shower   baths 297 

Owner,  lessee,  etc.,  not  liable  for  prop- 
erty left  in  bath-house 298 

Owner,  lessee,  etc.,  to  keep  bath-house 

clean    and    sanitary 297 

Owner,  lessee,   etc.,  to  provide 297 

Penalty  for  committing  nuisance,  etc., 

in    bath-house    301 

Penalty    for    failure    to    remove    cast- 
off  wearing  apparel  from  bath-house,  301 
Separate  offense  each  day  act  not  com- 
plied   with     1 299 

Specifications  for  lockers  or  hangers.  .  297 
Specifications     for     walls,     floors,     and 

lockers 297 

Unlawful  to  commit  nuisance,   etc.,   in 

bath-house      300 

BELT-SHIFTERS — 

See  Manufacturing  Establishments. 
BILL  OF  RIGHTS — 

Bailable    offenses     5 

Corruption  of  blood,   conviction  not  to 

work     8 

Due    course   of   law 10 

Former    jeopardy    6 

Free    speech     7 

Habeas  corpus,  when  right  to  writ  sus- 
pended    4 

Imprisonment    for   debt 9 

Jury,    right  to   trial   by 2 

Justice    without    delay 10 

Libel     7 

Liberty   of   the  press 7 

Punishment,    cruel   or   unusual,    not   to 

be   inflicted    6 

Right   of  people  to   assemble,   etc.,   and 

petition   government    1 

Slavery      and      involuntary      servitude 

prohibited     3 

Transported,  person  not  to  be 8 

Trial,    defense   of   accused 6 

Trial,   speedy  and  public,  by   impartial 

jury    6 

BLACK  POWDER— 

See  Explosives. 
BLACKLISTING— 

Attorney  fee  taxed  as  part  of  costs  in 

damage    suit    63 

Cause    of    discharge    to    be    furnished 

(unconstitutional)     61 

Employer  not  to  prevent  discharged 
employee  from  obtaining  other  em- 
ployment    60 

Liability  of  employer  to  party  injured,     63 

Penalty  for  violation  of  act 62 

BLACKMAIL,  ETC. — 

See  Paroled  and  Discharged  Pris- 
oners. 
BLACKSMITHS — 

Lien  for  labor 264-266 

See,  also,  Liens  for  Labor. 
BOARD  OF  EXAMINERS— 

See     Barber    Board;     Examining 
Board    for    Miners;    Plumbers, 
Examination  and   Certification. 
BOARDS  OF  ARBITRATION — 

Award  impeached  for  fraud,  etc 42 

Award  made  matter  of  record  by  fil- 
ing, etc 47 

Award   of   tribunal  final,    exception ...     42 

15 — Labor— 1725. 


BOARDS  OF  ARBITRATION — 

continued :  section 

Award  of  umpire  impeached  for  fraud, 

accident,    or    mistake 47 

Compensation  of  members  of  tribunal,    44 
Disputes    between    employers    and    em- 
ployed          39 

District    court    or    judge    to    establish 

tribunal      39 

Duration    of    tribunal 42 

Enforcement    of    award 47 

Establishment    of    tribunal 39 

Examination  of  books,    etc 45 

Extra  session  to  be  convened  by  chair- 
man      46 

Form  of  petition  for  tribunal 48 

Inquiry  by  judge,  order 40 

Judgment    on    award 47 

Jurisdiction    of    tribunal 42 

License     for     tribunal     when     petition 

properly    signed     41 

Members  of  board,  by  whom  and  when 

named    41 

Oaths     administered    to    witnesses    by 

chairman    45 

Organization     of     tribunal,     chairman, 

secretary     43 

Petition,  form,  who  shall  sign,  etc..  .  .     40 
Petition  praying  for  tribunal,  form  of,    48 

Petition  to  be  presented 39 

Powers   of   umpire 45 

Questions  to  be  defined  in  writing  be- 
fore   umpire    proceeds 47 

Room  to  be  furnished  at  county  seat.  .     44 

Rules  to  be  made  by  tribunal 46 

Sessions    and    adjournments,    tribunal 

to    fix     46 

Sessions  held   at   county   seat 44 

Submission  of  matters  to  chairman  of 

tribunal     45 

Submission  of  matters  to  umpire 47 

Umpire  to  be  appointed,   duties 42 

Vacancies   on  board,   how  filled 42 

BOND— 

See     Liens     for     Labor;      Work- 
men's Compensation  Act. 
BOREHOLES  IN  COAL  MINES— 

Distance  to  be  kept  in  advance 335 

Penalty    for    failure    to    comply    with 

provisions   of    act 340 

Required  on  sides  in  certain  cases.  .  .  335 
F.HATTICE-CLOTH— 

See   Ventilation  of  Coal  Mines. 
BREAK-THROUGHS  IN  COAL  MINES— 

Area    of    air-courses 344 

Compensation       for       making       break- 
throughs,   as  between   employer    and 

employee    344 

Distance    between    break-throughs.  ...  343 
Filling     of     break-throughs     as     other 

break-throughs    are    made 344 

Operations      to      cease      until      break- 
throughs perfected    344 

Penalty  for  failure  to  comply  with  act,  358 
Repair    of   break-throughs   partly    open 

or    torn    down 344 

Room    and    pillar,    required    in    mines 

operated  by  system  of 343 

Width  and  height  of  break-throughs.  .  344 
See,    also,    Escape-shafts    in    Coal 

Mines. 
BUILDING  WORK— 

See    Construction    Work;     Work- 
men's Compensation  Act. 
CABOOSES — 

See  Way  Cars  or  Cabooses. 

225 


INDEX. 


CAMPAIGN  FUND—  section 

Unlawful  for  officer,  employee,  or  ap- 
pointee in  classified  civil  service  to 

contribute    Ill 

CASE-LINE— 

Duty  of  owner  of  mine  where  natural 

strata  not  safe   347 

CERTIFICATES— 

See    Barber    Board;     Examining 

Board    for    Miners;    Plumbers, 

Examination   and   Certification; 

Workmen's    Compensation    Act. 

CHAIRS— 

Employers  of  women  or  girls  to  fur- 
nish    65 

Failure    of    employer    to    comply    with 

act,    penalty    66 

Penalty    for    failure    to    comply    with 

act  concerning  motorman 506 

Seat  to  be  provided  for  use  of  motor- 
man on  street  railway  or  interurban 

line     504 

CHECK  NUMBERS — 

See  Miners'  Check  Numbers. 
CHECKS— 

See  Wages. 
CHECK-WEIGHMAN— 

See  Weighing  of  Coal  at  Mines. 
CHIEF  OF  FIRE   DEPARTMENT — 

See  Fire  Protection. 
CHILD  LABOR— 

Age   certificate   for   child   over    sixteen 

years  of  age 68 

Child   under   eighteen  not  to   assist  in 

public  exhibition  of  hypnotism,   etc.,     80 
Child  under  fourteen,  when  and  where 

not  to  be  employed 67 

Child  under  sixteen,  hours  to  be  em- 
ployed    69 

Child  under  sixteen  not  to  be  employed 
in  mine  or  quarry  or  dangerous  oc- 
cupation    68 

Children  bound  out   as   apprentices. — 

See  Apprentices. 
Complaint     to     enforce     provisions     of 

act    77 

County  attorney,   duty  of 77 

Disposing  of   child  for   employment   as 

acrobat,    etc.,    penalty 81 

Duty  of  factory  and  mine  inspectors 
and  deputies  to  inspect  permits  and 

examine  children  employed 77 

Employer  required  to  obtain  and  keep 
on  file  work  permits  for  children 

under  sixteen    70 

Employing     child     as  '  acrobat,      etc., 

penalty     81 

Federal  act. — See  note  to  ch.  8. 
Fourteen,     child     under,     when     and 

where  not  employed 67 

Minor  may  receive  wages,  full  satis- 
faction    85 

Minority,  period  in  males  and  females,    84 
Notice,    noncompliance    with    terms    of 

by  employer,  violation  of  act. 71 

Notice  of  hours  of  labor,  hours  allowed 

for   meals,    etc 71 

Notice    to    be    posted    by    employer    of 

children  under  sixteen 71 

Penalty  for  employing  child  in  viola- 
tion of  act 78 

Public    exhibition    of    hypnotism,    etc., 

permitting  child  to  assist,  penalty.  .     80 
Repeal   of    acts   in   conflict  with   child- 
labor   act 79 

Rules  and  regulations  governing 
proofs  of  age  •  72 


CHILD  LABOR — continued  :  section 

Sixteen,  child  under,  not  employed  in 
mine  or  quarry  or  dangerous  oc- 
cupation    68 

Taking  child  for  employment  as  acro- 
bat, etc.,  penalty  81 

Truancy — 

— Child  fourteen  or  older  employed 
for  support  of  himself,  etc 82 

— Child  mentally  or  physically  in- 
capacitated    82 

— Children  between  eight  and  fifteen 
to  be  sent  to  school 82 

— Children  having  graduated  from 
common  schools  exempt 82 

— Complaint  if  act  not  complied  with,     83 

— Duty  of  truant  officer  when  child 
absent  from  school  83 

— Employment  of  children  between 
ages  of  eight  and  fifteen  years....  83 

— Examination  of  child  by  phyisician,     82 

— Jurisdiction  of  juvenile  court,  etc. .  .    83 

— Notice  to  parent  or  guardian 83 

— Penalty  for  violation  of  act 83 

— Permit  for  temporary  absences  in 
extreme  cases  83 

Violation  of  act,  permitting  or  conniv- 
ing at,  penalty  78 

Wages  paid  to  minor  under  contract 
with  minor,  full  satisfaction 85 

Work  permits — 

— Age  of  child,  evidence  required.  ...     72 

— Conditions  to  be  complied  with  be- 
fore permit  issued  72 

— Duplicate  returned  to  commissioner 
of  labor  with  statement 74 

— Employer  to  return  to  officer  on 
termination  of  employment 75 

— Employers  required  to  obtain  and 
file  for  children  under  sixteen 70 

— Issued  on  blanks  furnished 74 

— Judge  of  juvenile  court  authorized 
to  issue  72 

— Matters  to  be  stated  in  permit 73 

— Notice  to  employer  when  permit  re- 
voked   76 

— Permit  a  protection  to  employer, 
exception  ; .  .  .  74 

— Returned  permits  to  be  transmitted 
to  commissioner  of  labor 75 

— (Revocation  of  permit  by  commis- 
sioner of  labor 76 

— Rules  and  regulations  governing 
proofs  of  age 72 

— School  record  or  examination  record 
required  72 

— Signed  by  child  in  presence  of 
officer  73 

— Signed  statement  stating  occupa- 
tion    72 

— Superintendent  of  schools,  etc.,  au- 
thorized to  issue 72 

CHILDREN— 

See  Child  Labor. 

CITIES— 

Civil  service. — See  Civil  Service. 

Unlawful  assemblies — 

— Cities  and  towns  liable  for  action  of 

mobs     520 

— Evidence    in   mitigation   of   damages 

in  actions  under   act 521 

— Loss  of  property  or  injury  to  life  or 

limb    520 

Vagrancy — 

— Cities   of   first   class,    punishment   of 

vagrants,    etc 522 


226 


INDEX. 


continued  : 


section 


— Cities    of    second    class,    punishment 
of    vagrants,    etc 523 

— Cities  of  third  class,   punishment  of 

nits,    etc 524 

See,    also,    Vagrancy. 
CITY   ATTORNEYS — 

Truancy    act,    duty    to    prosecute    com- 
plaints           83 

CIVIL  SERVICE— 

Cities,  first  class — 

— Annual  report  to   city  commission.  .  114 

— Appeal  to  commission  by  person  re- 
moved      114 

— Appointment    of    civil    service    com- 
missioners       114 

— Certification    of    applicants 114 

— Cities  to  which  act  shall  not  apply,  115 
-Hearing  by  commission  on  appeal.  .  114 

— Meetings    and    examinations 114 

— Oath  to  be  taken  by  commissioners,  114 

— Officers  and  employees  to  whom  act 
shall   apply    114 

— Qualifications    of    commissioners.  .  .  .  114 
-Removal    of    commissioners 114 

— Removal  of  persons  subject  to  civil- 
service    examinations    114 

— Rules    and    regulations   of    city   com- 
mission      114 

— Vacancies  in  office  of  commissioners, 
how   filled    114 

— Violation   of   provisions  of    act,    mis- 
demeanor,   penalty    114 

Cities  of  over  75,000— 

— Appointment*     of     civil-service     com- 
missioners       116 

— Appointment    of    members    of    com- 

117 


— Appointments   from    list   certified   by 

civil-service    commission     122 

— Attendance    of    witnesses,    etc 126 

— Certification  of  police  officers 122 

— City    commissioners    to    supply    suit- 
able rooms   and   equipment 118 

— Clerks,   etc.,   for   commission 132 

— Commission   may   revoke,    modify   or 

affirm   order    appealed    from 126 

— Commissioner    not    to    be    a    candi- 
date   for    office 117 

— Commissioner  of  city  department  to 
notify     civil-service     commission     of 

vacancy      121 

— Commissioners        appointed        under 

other    act     116 

— Date  when  act  took  effect 133 

— Discharge  of  police  officers 120 

— Eligible    list,    names    to    be    certified 

from      122 

— Examinations,  control  of,  rules,  etc.,  129 

— Examinations,    how    conducted 130 

— Examinations    to    be    held    by    civil- 
service    commission     120 

— Examiners,   qualifications,   compensa- 
tion,  etc 130 

— Hearing  before  civil-service  commis- 
sion      126 

— Name   may  be  stricken   when   appli- 
cant not  appointed  in  one  year.  .  .  .  123 
— Names    on    list    because    term    of   of- 
fice expired  not  to  be  stricken 123 

— Names  to  be  certified  to  fill  vacancy,  122 

— Notice   of  vacancy  to  be  filled 121 

— Oath    to    be    taken    by    civil-service 

commissioner      119 

— Officers     and     employees    subject    to 

examination     and    certification 128 

— Officers,    assistants    and    clerks    sub- 
ordinate  to   civil-service   commission,  132 


CIVI,-SKI:VI<  i. — rontinued  : 


section 


— Officers    in    service   of    city    prior   to 

taking  effect   of   act 128 

— Persons    holding    office    or    employ- 
ment  when   act  took  effect,   proviso,  133 
— Political    faith    of    members    of    com- 
mission      116 

— Publication  of  rules  and  regulations,  127 
— Qualifications  of  commissioners.  ...  117 
— Questions  which  shall  not  be  asked,  129 

— Quorum    of     commission 117 

— Reappointment   of   officer  on   expira- 
tion of  term 120 

— Reappointment    when    position    abol- 
ished   and    recreated 128 

— Removal   of   commissioners 117 

— Removal  of  persons  subject  to  civil- 
service     examination 126 

— Reports  of  civil-service  commission,  127 
— Rules  and  regulations  for  conduct 

of  business    127 

— Salary    of    members    of    civil-service 

commission     13 1 

— Sex  disregarded  in  making  certifica- 
tion,   exception    124 

— Suspension   pending   hearing  for  re- 
moval   of    appointee 126 

— Temporary        appointments,        when 

made,  how  long  in  force 125 

— Term  of  office  of  commissioners.  ...  116 
— Term  of  office  of  employees  and  of- 
ficers,  etc 12)8 

— Vacancies,    how    filled 117 

— Witnesses,    district   court   compel    at- 
tendance      126 

See,     also,     Civil-service     Commis- 
sion. 
CIVIL-SERVICE   COMMISSION— 

Annual  report  to  the  governor 104 

Answer    of    person    removed 102 

Applicant,    commission    may    refuse    to 

certify     93 

Applicant  not  to  pay  or  promise  to  pay 
money,     etc.,    for    political    purpose, 

etc 108 

Applications   for   test 95 

Appointing  officer,   etc.,   to  notify  com- 
mission of  positions  to  be  filled.  .  .  .  100 

Appointment    of    commissioners 86 

Appointment    of    one    of    persons    cer- 
tified    by     commission 100 

Appointment   on    probation 100 

Appointments   in   exempt   service  made 

without    test    88 

Appointments    to    be    made    in    accord- 
ance   with    act 89 

Approval  of   removal 102 

Basis  of   promotion 97 

Blood  or  marriage,  persons  related  by, 

to  officers,  etc.,  not  to  be  appointed,  112 
Campaign    fund,    unlawful    for    officer, 
employee  or  appointee  to  contribute 

to in 

Certified    copies    of   rules   and    cnanges 
deposited  with  secretary  of  state.  .  .     91 

Chief   examiner,    duties,    etc 105 

Civil  service  divided  into  classes 87 

Classification    of     all    offices,     etc.,    by 

commission     89 

Classified    service    89 

Commissioners,    appointment,    term    of 

office,   qualifications,    etc 86 

Commissioners     constitute     civil-service 

commission     86 

Control   of    tests 94 

Deposit  of  fund  derived  from  fees ...  95 
Discharge  of  candidate  at  expiration 

of    period    of   probation 100 

Emergency   lists,    appointments   from.  .     98 


227 


INDEX. 


CIVIL-SERVICE  COMMISSION — cont. :     section 

Examination  or  test,  when  to  be  held 
by  commission  100 

Examiners,  report  to  commission 94 

Exemption  from  test  of  certain  offices 
or  positions •  88 

Exemptions  not  to  be  made  after  six 
months,  without  hearing,  etc 88 

Expenditure   for   travel,   printing,    etc.,  106 

Expiration  of  term,  certificate  to  offi- 
cer having  appointing  power 99 

Fee  may  be  required  of  applicant,  use 
of  fund  95 

Files    and    records   open    to    inspection,  105 

Forfeiture  of  office  for  violation  of  pro- 
visions of  act 109 

Grounds  for  refusal  to  certify  appli- 
cant  93 

Inmates  of  institution  may  be  assigned 
to  duties  without  test 101 

Investigation  within  thirty  days  be- 
fore expiration  of  term 99 

Investigations  and  hearings  by  com- 
mission   102 

Investigations  by  commission,  wit- 
nesses, books,  etc 90 

Justification  of  mere  technical  viola- 
tion of  act 109 

Marriage,  persons  related  by,  to  offi- 
cers, etc.,  not  to  be  appointed 112 

Name  stricken  from  register  when  cer- 
tified three  times 98 

Names  remaining  on  eligible  list  more 
than  two  years  may  be  stricken...  100 

Nature    of    tests 92 

Noncompetitive  test,  officers  of  which 
required  110 

Notice  of  places  where  rules  may  be 
obtained  91 

Notice  of   tests,   publication,    posting.  .     95 

Notice  of  time,  place,  and  scope  of 
tests  and  promotion  tests 95 

Notice  to  commission  of  appointments, 
transfers,  vacancies,  etc 103 

Office  or  position  not  exempt  unless 
specifically  named  88 

Officers    of    commission 105 

Officers  or  employees  of  which  non- 
competitive  test  may  be  required..  110 

Offices  created,  abolished,  etc.,  notice 
to  commission  103 

Old  soldiers'  preference  law  not  re- 
pealed or  limited 113 

Political  campaign,  unlawful  for  of- 
ficer, appointee,  etc.,  to  take  part.  .  Ill 

Political  contributions,  etc.,  not  to  be 
solicited  from  member  of  classified 
civil  service  108 

Promotions,  appointment  made  from 
list  submitted  97 

Promotions,  commission  to  provide  for,     97 

Public  buildings,  room  or  offices  to  be 
furnished  for  tests 94 

Purpose  of  act 90 

Quarters  to  be  provided  by  executive 
council  106 

Questions  not  to  relate  to  political  or 
religious  opinions,  etc 92 

Quorum    of    commissioners 86 

Rank  of  candidates  on  register 96 

Rating  or  grading  to  be  verified  by 
commission 94 

Rating,  person  may  retain,  or  enter 
test  for  new  rating 100 

Reappointment    of    officer 99 

Reasons  for  removal  to  be  given  in 
writing  102 

Recommendation,  etc.,  applicant  not 
to  receive  for  political  service,  etc.,  108 


CIVIL-SERVICE    COMMISSION — cont. :      section 
Register  or  eligible  list  to  be  prepared 

for  each  grade,  etc 96 

Relatives    of    persons    specified    not    to 

be    appointed     112 

Removal  of  officer  or  employee  in  clas- 
sified service  102 

Repeal  of  acts  in  conflict  with  civil- 
service  act  113 

Roster  of  persons  in  classified  service 

to    be    kept 103 

Rules    and   changes   to  be  printed   for 

distribution     91 

Rules  to  be  made  by  commission 90 

Rules,   when  to  take  effect 91 

Secretary  of  commission,  duties,   etc.  .  105 
Soldiers,    old,    preference    law    not    re- 
pealed or   limited    113 

Special  information  not  to  be  fur- 
nished to  any  person 107 

Special  reports  to  the  governor 104 

Suspension  of  attendant  at  any  state 
charitable  institution,  reinstatement,  102 

Temporary    appointments     89 

Term     of     office     of     appointive     state 

officers    -99 

Test,  false  report,  etc.,  not  to  be  made,  107 
Test  of  applicants  for  office  or  employ- 
ment          92 

Test,  persons  not  to  defeat,  etc 107 

Unclassified  service,  classes  included.  .     87 
Unclassified     service     not     subject     to 

provisions  of   act    87 

Vacancies  on  commission,  how  filled.  .     86 
Vacancy,     appointing    officer,     etc.,     to 

notify    commission    98 

Vacancy,    commission  to  certify  list  of 

candidates      98 

Violation  of  act,  forfeiture  of  office.  .  .  109 
See,   also,    Civil  Service. 

CIVIL-SERVICE  EXAMI\ATIOXS— 

See     Civil    Service;     Civil-Service 

Commission. 
CLEAR.OCE — 

See  Overhead  Structures. 
COAL-DRILLINGS — 

Coal-drillings  not  to  be  used  for  tamp- 
ing shots  384 

Drillings  to  be  removed  from  mouth 
of  drill-hole  before  shot  fired 384 

Penalty  for  failure  to  comply  with  pro- 
visions of  act  384 

CjDAL  DUST,  ETC.— 

Coal-drillings  not  to  be  used  for  tamp- 
ing shots  384 

Drillings  to  be  removed  from  mouth 
of  drill-hole  before  shot  fired 384 

Duty  of  mine  boss,  etc.,  in  charge  of 
mine  where  coal  dust,  etc.,  accu- 
mulate   382 

Mine  inspector  and  deputies  to  enforce 
preventive  measures  against  accu- 
mulation of  coal  dust,  etc 382 

Mine  to  be  sprinkled  or  saturated, 
etc  352 

Penalty  for  failure  to  comply  with 
provisions  concerning  drillings.  .  .  .  385 

Penalty  for  failure  to  sprinkle  or 
remove  coal  dust,  etc 383 

Removal  of  coal  dust,  etc.,  where  im- 
practicable to  overcome  by  sprink- 
ling   382 

Repeal  of  acts  in  conflict  with  this  act,  386 

Shot*  not  to  be  fired  when  dust  accu- 
mulated so  as  to  make  it  dangerous,  377 

Sprinkling  of  air-courses,  entries, 
rooms,  etc.  .  .  382 


INDEX. 


COIL  MINES—  gection 

Abandonment  of  coal  mine  to  be  re- 
ported to  inspector  331 

Accident* — 

— Accident-reporting    act,    applicability 

to  coal  mines    

— Attendance   of   witnesses 339 

— Costs    of    investigation 339 

— Duty  of  inspector  to  investigate.  .  .  339 
— Investigation     by     inspector,     when 

coroner  does  not  investigate 339 

— Notice  to  coroner,  when  any  person 

killed      339 

— Notice   to  mine   inspector   when   loss 

of  life  or  serious  accident  results.  .  339 
Action   to   enjoin   mine    inspector  from 

enforcing    order    356 

Acts    of    miner,    etc.,    which    endanger 

lives,    machinery,    etc.,   penalty 295 

"Agent,"    defined    341 

Air  current  to  be  measured  by  mining 

boss,  report  to  inspector 335 

Air-\s-ays  to  be  provided 334 

Air-ways. — See     Ventilation     of     Coal 

Mines. 

Application  of  penalties  recovered ....  340 
Assistant    mine    foremen    to    be    exam- 
ined   and    certified    before    employ- 
ment      320 

Bath-houses. — See  Bath-houses  at  Coal 

Mines. 

Black  powder,  use  In  coal  mines— 
— Amount   sent    in   for   distribution   to 

miners     294 

— Delivery  to  miner    302 

— Insulation  of  car  hauled  by  elec- 
tric motor  used  in  delivering  pow- 
der   305 

—Manner  and  place   of  keeping 294 

— Manner  of  opening  original  pack- 
age, unsealing  seal 303 

— Penalty    for    delivering    in    electric 

car  without  insulation,   etc 306 

— Penalty  for  opening  can  with  pick, 

etc 307 

— Penalty  for  selling  powder  other- 
wise than  as  provided  in  act 306 

— Penalty  for  violation  of  act  concern- 
ing distribution,  etc 294 

— Pick  or  other  metal  not  to  be  used 

in   opening   can   containing   powder,  304 
— Pit    bosses,     etc.,     to    see    that    act 

complied    with     294 

— Unlawful  to  convey,   etc.,    into  mine 

except    as   provided   in    act 304 

— Unlawful  to  have  more  than  twenty- 
five  pounds  294 

— Unlawful    to    sell,     etc.,     except    in 

original  twenty-five  pound  packages,  302 
Blanks    for    reports    to    be    furnished 

by   inspector    354 

Boreholes,  distance  to  be  kept  in  ad- 
vance   335 

Boreholes  on  sides  in  certain  cases.  .  .  335 
Break-throuehs  in  coal  mines — 

— Area   of    air-courses 344 

— Compensation  for  making  break- 
throughs, as  between  employer  and 

•employee     344 

— Distance  between  break-throughs.  .  .  343 
— Filling    of    break-throughs    as    other 

break-throughs    are    made 344 

— Operations  to  cease  until  break- 
throughs perfected  344 

— Penalty   for   failure   to   comply   with 

act    358 

— Repair     of     break-throughs     partly 

open  or  torn  down 344 


M  ;  N  i> — '••-•ntiniird  :  section 

— Required     in     mines     operated     by 

system  of  room  and  pillar 343 

— Width  and  height  of  break-throughs,  344 
Case-line,    etc.,    duty   of    owner    where 

natural  strata  not  safe 347 

Certificates,     employment     of     persons 

without,    in    emergency 326 

Certification    of   miners. — See    Examin- 
ing  Board  for   Miners. 
Check  numbers — 

— Fraudulent     use     of     numbers     pro- 
hibited     329 

— Penalty    for    violation    of    provisions 

of    act    330 

— Unlawful  to  change,   exchange,   sub- 
stitute,   alter,   or  remove 329 

— Unlawful    to    place    number    on    car 

with  intent  to  defraud 329 

Condemnation  of  land  by  state  peni- 
tentiary   144 

Convict  labor. — See  Convict  Labor. 
Death,    right    of    action    when    health- 

and-safety   act  violated    337 

Doors    in    mines    generating    explosive 

gases     335 

Double  entries — 

— Application   of  act  to  mines  already 

in  operation   under  single-entry  plan,  371 
— Cross-cuts,   intervals  at  which  made,  371 
— Inspector    to    give    notice    to    owner, 
etc.,    to    complv    with    provisions    of 

act    " 372 

— Manner  of  prosecuting  work  in  mine,  371 
— Owner,    etc.,    given    thirty    days    to 

comply    with    act 372 

— Penalty    for    failure    of    owner,    etc., 

to   comply   with  provisions  of    act.  .  3' 
— Requirements    concerning   cross-cuts,  371 
— Room-and-pillar  plan,    act   applicable 

to  mines  operated  on  system  of.  ...  371 
— Separate    offense,     every    day    mine 

so  operated  after  first  conviction.  .  .  373 
Duty  of  mine  boss  to  call  attention  of 
miners   to    provisions   of   health-and- 

safety   act    357 

Dynamite,  etc.,  use  in  coal  mines — 
— Approval    of    rules    and    regulations 

by    inspector    308 

— Penalty  for  failure  to  remove  smoke, 

gases,   etc 311 

— Penalty    for    unlawful    use 310 

— Removal  of  smoke,  gases,  etc.,  from 

mine     309 

— Rules,   etc.,    to  be   in   writing 308 

— Unlawful  to  direct  employees  to  go 
into  mine  until  smoke,  etc.,  re- 
moved   309 

— Unlawful  to   use  in   mine  except   as 

provided    in    act 308 

— Use    under    rules    and    regulations 

agreed  upon    308 

Empty   cage   to   be   given   to   every   six 

employees  ready  to   ascend 348 

Escape-shafts. —  See    Escape-shafts    in 

Coal  Mines. 

Examination  of  mines  generating  fire- 
damp   346 

Examining      board. —  See      Examining 

Board  for  Miners. 

Explosion   in   mine,    investigation,    etc.,  339 
Explosives. — See  Explosives. 
Fences   about   machinery   and   entrance 

to  abandoned  shaft  or  slope 336 

Fences  around  top  of  shaft  and  land- 
ing   336 

Fences,  gates  or  bars  to  be  kept 
closed  •  •  336 


229 


INDEX. 


COAL  MINER — continued  :  section 

Fire  bosses  to  be  examined  and  certi- 
fied before  employment 320 

Fire  damp — 

— Examination  of  mines  every  morn- 
ing   346 

— Fire-damp  to  be  diluted  and  ren- 
dered harmless  346 

— Miners  to  be  notified  in  case  of 
danger  346 

— Mines  generating  fire-damp  to  be 
kept  free  of  standing  gas 346 

— Record  of  inspection  to  be  made  by 
examiner  346 

Furnace  ventilation    332 

Gas  men  to  be  examined  and  certified 
before  employment  320 

Hoisting,  duty  of  foreman,  eager,  etc., 
in  charge  of  bottom  of  shaft 348 

Hoisting  engineers  to  be  examined 
and  certified  before  employment.  .  .  320 

Hoisting,  means  required  where  stair- 
ways not  constructed 347 

Hoisting  persons,  regulations  concern- 
ing  332 

Injury,  etc.,  action  when  health-and- 
safety  act  violated 337 

Inside  overseer  to  be  employed,  called 
"mining  boss"  335 

Inspection  of  mine  every  morning.  ...  334 

Inspection  of  steam  boilers,  report  to 
mine  inspector  333 

Inspector  may  increase  amount  of  air 
when  necessary  334 

Inspector  of  mines. —  See  Mine  In- 
spector. 

Lard  oil  to  be  used  for  lighting  pur- 
poses, exception  355 

"Lessee,"   defined    341 

Loss  of  life   339 

Lowering  and  hoisting  persons,  regu- 
lations concerning  332 

Manholes  for  places  of  refuge 335 

Manholes  on  underground  roads 348 

Map  or  plan  of  mine — 

— Abandonment  of  coal  mine  to  be  re- 
ported to  inspector 331 

— Copy  of  map  furnished  to  inspector,  331 

— Copy  of  map  kept  in  office  of  coal 
mine  331 

— Cost  of  map  caused  to  be  made  by 
inspector  331 

— Inspector  to  have  map  made  if  none 
furnished  or  map  furnished  is  ma- 
terially inaccurate  331 

— Owner,  agent  or  operator  to  cause 
map  or  plan  of  workings  to  be 
made  331 

— Penalty  for  failure  to  comply  with 
act 340 

— Plan  of  progress  of  workings  to  be 
made  annually  331 

— Scale   of   map .  331 

Mine  foremen  to  be  examined  and  cer- 
tified before  employment 320 

Miner  doing  acts  which  endanger  lives, 
etc.,  penalty  295 

Mine-rescue  work. —  bee  Mine-rescue 
Work. 

"Mining   boss,"    duties 335 

Notice  by  mine  inspector  of  violation 
of  act  356 

Notice  to  miners  in  case  of  danger.  . .  346 

Openings  In  coal  mines — 

— Construction   of    openings 332 

— Number  of  persons  permitted  to 
work  until  openings  constructed.  .  .  332 


COAT.  MIXES — continued:  section 

— Penalty  for  failure  to  comply  with 
provisions  of  act 340 

— Regulations    concerning    openings.  .  332 

"Operator,"   defined    341 

Orders  of  mine  inspector. — See  Mine 
Inspector. 

"Owner,"    defined     341 

Penalty  for  failure  to  comply  with 
provisions  of  health-and-safety  act,  340 

Penalty  for  violation  of  health-and- 
safety  act  of  1897 358 

Pit  cars,  change  of  numbers  on,  pen- 
alty   329,  330 

Posting  of  copies  of  health-and-safety 
act  357 

Powers  of  mine  inspector. — See  Mine 
Inspector. 

Prop   timber  to  be   supplied 335 

Quarterly  reports  to  be  made  by  coal 
operators  to  inspector  of  mines.  .  .  .  354 

Quarterly  statements  to  be  made  to 
mine  inspector  by  coal  operators.  .  .  338 

Repeal  of  acts  in  conflict  with  health- 
and-safety  act  of  1883 342 

Repeal  of  acts  in  conflict  with  health- 
and-safety  act  of  1897 359 

Reports  of  coal  operators,  matters  to 
be  reported  354 

Right  of  action  for  injury  or  damage 
from  violation  of  health-and-safety 
act  337 

Room-and-pillar  plan — 

— Application  of  act  to  mines  already 
in  operation  under  single-entry 
Plan  37i 

— Cross-cuts,   intervals  at  which  made,  371 

— Double  entries  to  be  driven  parallel,  371 

— Inspector  to  give  notice  to  owner, 
etc.,  to  comply  with  provisions  of 
act  372 

— Manner  of  prosecuting  >work  in 
mine  371 

— Owner,  etc.,  given  thirty  days  to 
comply  with  act  372 

- — 'Penalty  for  failure  of  owner,  etc., 
to  comply  with  provisions  of  act.  .  .  373 

— Requirements    concerning   cross-cuts,  371 

— Separate  offense,  every  day  mine  so 
operated  after  first  conviction 373 

— Ventilation. —  See  Ventilation  of 
Co(d  Mines. 

Safety-lamps  to  be  furnished  by  owner 
of  mine  335 

Scales. — See  Weighing  of  Coal  at 
Mines. 

Security  of  mine  or  machinery,  acts 
endangering,  penalty  295 

Shot-firers  to  be  examined  and  certi- 
fied before  employment 320 

Shot-inspectors  to  be  examined  and 
certified  before  employment 320 

Shots,  shot-firers,  etc. — 

— Coal-drillings  not  to  be  used  for 
tamping  shots  384 

— Coal  dust  accumulated  so  as  to 
make  it  dangerous,  unlawful  to  per- 
mit shots  to  be  fired 377 

— Conditions  under  which  shots  may* 
be  fired  •. . .  374 

— Drillings  to  be  removed  by  miner 
from  mouth  of  drill-hole  before  shot 
fired  384 

— Employment  of  shot-firers  to  fire  all 
shots  374 

— Examination  and  certification  of 
shot-firers  before  being  employed.  .  320 


230 


INDEX. 


COAL   MINES — continued:  section 

— Following   or   dependent   shots 378 

— Hole   penetrating   solid   face 378 

— Limit  of  amount  of  powder  to  be 
used  378 

— Long-wall  system,  certain  provisions 
not  applicable  to  mines  so  operated,  379 

— Long-wall  system,  shots  not  to  be 
fired  until  mine  vacated 379 

— Mechanical  shot-firing  devices,  per- 
sons to  be  out  of  mine 374 

— Mixed  powder,   unlawful  to  use.  ...  378 

— Penalty  for  failure  to  comply  with, 
or  for"  violation  of,  act 380 

— Penalty  for  failure  to  comply  with 
provisions  concerning  drillings.  .  .  .  385 

— Regulations  concerning  preparing 
and  firing  of  shots 378 

— Sections  of  former  act  repealed  by 
this  act  381 

— Separate  offense,  each  day's  viola- 
tion or  failure  to  comply 380 

— Shot  in  body  of  coal,  etc.,  already 
loosened  378 

— Shots  in  sinking  and  developing 
mine  374 

— Shots  in  strip  mine 374 

— Strip  mine,  certain  provisions  not 
applicable  to  378 

— Strip  mine,  unlawful  to  permit  fir- 
ins  when  person  close  enough  to  be 
injured  375 

— Tamping   or    stemming    of    shot-hole.  378 

— Two  shot-firers  required  except  in 
strip  mines  376 

— Unlawful  to  permit  shots  to  be  fired 
except  as  provided 374 

— Unlawful  to  permit  shots  to  be  fired 
unless  two  shot-firers  in  mine 376 

Signalling,   means   of 335 

Speaking  tubes  and  means  of  sig- 
nalling   332 

Sprinkling  and  removal  of  dust — 

— Duty  of  mine  boss,  etc.,  in  charge 
of  mine  where  coal  dust,  etc.,  ac- 
cumulate   382 

— Mine  inspector  and  deputies  to  en- 
force preventive  measures  against 
accumulation  of  coal  dust,  etc 382 

— Mine  to  be  sprinkled  or  saturated, 
etc 352 

— Penalty  for  failure  to  sprinkle  or 
remove  coal  dust,  etc 383 

— Removal  of  coal  dust,  etc.,  where 
impracticable  to  overcome  by  sprink- 
ling   382 

— Repeal  of  acts  in  conflict  with  this 
act  386 

— Shots  not  to  be  fired  when  dust  ac- 
cumulated so  as  to  make  it  danger- 
ous   '.  ..  377 

— Sprinkling  of  air-courses,  entries, 
rooms,  etc 382 

Stairways    in    escapement-shafts 347 

Standing  water  not  to  be  allowed  to 
accumulate  347 

Steam,  boilers  to  be  provided  with 
steam  gauge,  water  gauge,  and  safety 
valve  333 

Telephones  in  coal  mines — 

— Danger  signal  or  alarm,  duty  to 
give  signal  to  others 390 

— Duty  of  drivers,  motormen,  and  trip- 
riders  to  notify  others  of  danger 
signal  390 

— Each  day  mine  operated  without  tele- 
phone system  a  separate  offense.  .  .  392 


COAL   MIXES — continued  :  section 

— Number  of  telephones  to  be  included 

in    system    386 

— Party    line    system    required    in    all 

mines      387 

— Penalty  for  giving  false  danger  sig- 
nal, tampering  with  appliances,  etc.,  891 
— Penalty    for    neglect    or    refusal    to 

obey   requirements   of   act 391 

— Penalty    for   neglect    to    equip    mine 

with    telephone    system 392 

— Places     where    telephones    shall    be 

located  in  and  about  coal  mine.  .  .  .  388 
— Removal  from  worked-out  portion  of 

mine     389 

— Unlawful  to  operate  mine  not 
equipped  with  party  line  system...  387 

Travel   on   underground  plane 335 

Traveling-way  in  side  of  hoisting- 
shaft  336 

Traveling-ways      between      bottom     of 

main  shaft  and  escapement-shaft.  .  .  347 
Ventilation,   ample  means  to  be  main- 
tained for    334 

Ventilation. — See    Ventilation    of    Coal 

Mines. 
Violation     of     health-and-safety     acts, 

penalty     340,  358 

Weighing    of    coal    at    the    mine. — See 

Weighing  of  Coal  at  Mines. 
Workmen's  compensation  act,  all  mines 

within  provisions    563 

See,    also,    Workmen's    Compensa- 
tion Act. 
COAL   OPERATORS — 

"Operator,"    defined     341 

Quarterly  reports  to  be  made  to  in- 
spector of  mines 354 

Quarterly    statements    to    be    made    to 

mine   inspector    338 

Reports   of   coal  operators,   matters   to 

be    reported     354 

See,  also,  Coal  Mines. 
COLUMBUS  DAT- 
Commercial    paper,     etc.,     not    to     be 

affected    232 

Legal   holiday    232 

COMBUSTIBLE  MATTER— 

See  Coal  Dust,  etc.;  Coal  Mines; 

Ventilation  of  Coal  Mines. 
COMMISSIOXER  OF  LABOR  AND 
INDUSTRY— 

Appointees  of  commissioner — 
— Qualifications   of   inspectors,    etc. .  .  .  166 
— Relatives   of  commissioner,   etc.,   not 

to   be    appointed 166 

— Special  agents  and  other  assistants,  166 

— Statistical   clerk    166 

— Stenographer     166 

— Stenographer  in  mining  department,  168 

— Term    of    office 169 

Appointment    of    commissioner 163 

Bond  to  be  given  by  commissioner,  etc.,  170 
Books  and  papers  of  society  of  labor, 
and    secretary    of    mine    industries, 

turned   over  to   commissioner 163 

Commissioner  ex  officio  factory  in- 
spector, mine  inspector  and  director 

of   free    employment    bureau 165 

Compensation    of    special    agents    and 

other    assistants    166 

Complaint    against    railroads    violating 

act  concerning  hours  of  labor 460 

Department  of  labor  and  industry 
created  under  control  of  commis- 
sioner   163 


231 


INDEX. 


COMMISSIONER  OF  LABOR — cont. :         section 

Duties    of    commissioner 172 

Duty   of   commissioner   to   publish   an- 
nual report ; 179 

Duty  of  owner  of  factory,  etc.,  to  com- 
ply with  notice  of   commissioner.  .  .  174 
Fees     of     witnesses     testifying     before 

commissioner     ' 173 

Information    deemed    confidential 173 

Interrogatories    may    be    submitted    by 

comm.issioner,    answers     173 

Investigation      of      complaint      against 
railroad  for  violating  act  concerning 

hours   of   labor 460 

Investigations  -by    commissioner 173 

Laws  to  be  enforced  by  commissioner,  172 
Member  of   industrial  welfare   commis- 
sion     235 

Member  of  mine-rescue  committee.  .  .  .  362 
Notice  to  commissioner  when  require- 
ments   concerning    safeguards,    etc., 

complied    with     174 

Notice  to  owner,   etc.,   to  provide  safe- 
guards,   make   alterations,    etc 174 

Office   in   capitol  building 163 

Officers    of    state,    counties,    townships, 
and  cities  to  furnish  information  to 

commissioner     176 

Orders    and    findings    of    commissioner 

to    be    reasonable 174 

Penalty  for  divulging  information.  .  .  .  173 
Penalty    for    failure    to    comply    with 

notice  of  commissioner,   etc 174 

Powers  of  commissioner,  deputies,  etc., 

to  enter  any  factory,   etc 174 

Printing  of  annual  reports  of  bureau,  177 
Prosecution  of  owner,   etc.,  of  factory, 
etc.,     for     failure     to     comply     with 

notice    of    commissioner 174 

Qualifications     necessary     for     commis- 
sioner      164 

Relatives  of  commissioner,  etc.,  not  to 

be    appointed     166 

Repeal   of   act  concerning  biennial  re- 
port     180 

Reports,   information  and  matters  con- 
tained in  report 179 

Reports,  matters  to  be  stated 172 

Reports,    size,    etc 177 

Reports  to  be  transmitted  by  the  gov- 
ernor to  the  legislature 172 

Salary    of    commissioner 168 

Term  of  office   of   commissioner 163 

Time    for    bringing    actions    to    vacate 
or  set  aside  orders  of  commissioner,  174 

Traveling    expenses     168 

Witnesses,  failure  to  appear,  etc.,  pen- 
alty  173 

Witnesses  not  compelled  to  go  outside 

of    county    173 

See,    also,    Department    of    Labor 
and   IndustTy ;   Factory   Inspec- 
tor;     Free      Employment      Bu- 
reau; Mine  Inspector. 
COMPENSATION— 

See  Workmen's  Compensation  Act. 
CONSTABLES — 

See   Officers. 
CONSTITUTIONAL  PROVISIONS — 

See  Bill  of  Rights. 
CONSTRUCTION  WORK — 
Accidents. — See  Accidents. 
Additional     fine     for     each    day    work 

continued  after  notice  given,  etc...  135 
Complaint  to  state  factory  inspector.  .  134 
Defective  elevator,  derrick  or  hoist.  .  .  134 


CONSTRVCTION   WORK — continued  :        section 

Duty  of  contractor  to  cause  defective 
appliances  to  be  reconstructed,  re- 
paired, etc 134 

Duty  of  factory  inspector  or  deputy 
when  complaint  made 134 

Failure  of  contractor  to  comply  with 
act  and  demands  of  inspector  or 
deputy,  penalty  135 

Insufficient  staging,  scaffolding,  stays, 
etc 134 

Liens  for  labor. — See  Liens  for  Labor. 

Notice  to  contractor,  etc.,  of  insuffi- 
cient or  defective  appliances 134 

Penalty  for  failure  to  comply  with  pro- 
visions of  act  135 

Use  of  insufficient  or  defective  ap- 
pliances in  construction,  repairing 

or  painting  of  building,  etc 134 

See,    also,    Public    Work;    Work- 
men's Compensation  Act. 
CONTRACTOR— 

See     Construction     Work;     Liens 
for  Labor;  Public  Work;  Work- 
men's Compensation  Act. 
CONTRIBUTORY  NEGLIGENCE— 

See    Damages;     Workmen's    Com- 
pensation Act. 
CONVICT  LABOR— 

County  prisoners. — See  County  Pris- 
oners. 

Highways,  work  upon — 

— Additional  expense  of  guarding, 
etc.,  paid  by  county  or  city 155 

— Additional  good  time  allowance  to 
convicts  employed,  etc 158 

— Convicts  detailed  on  request  of 
county  or  city  authorities 155 

— Convicts  not  to  be  employed  in 
building  bridge,  etc 157 

— Dangerous  convicts  not  to  be  de- 
tailed   156 

— Disposition   of   earnings   of   convicts,  155 

— Employment  of  surplus  convict  la- 
bor on  roads 154 

— Good  time  allowance  to  convicts  for 
good  behavior,  etc 158 

— Industrial  undertakings  at  peniten- 
tiary not  to  be  impaired 156 

— Payment  of  one  dollar  per  day  for 
each  convict  155 

— Repeal  of  acts  in  conflict  with  pres- 
ent act  159 

— Skilled  labor,  convicts  not  employed 
on  structure  requiring 157 

— Use  of  convict  labor  on  wagon  road 
to  Leavenworth  146 

State  fair  grounds — 

— Fair  grounds  which  may  be  cared 
for  by  inmates  of  reformatory 160 

— Inmates  of  reformatory  detailed  to 
work  of  caring  for  grounds 160 

Unlawful  to  allow  labor  for  private 
citizens  outside  of  grounds 154 

Use  of  surplus  labor  on  roads 154 

Wages  to  convicts  in  state  reforma- 
tory   151 

Within  penitentiary  grounds — 

— Accumulation  of  wages  if  no  per- 
son dependent  on  convict 151 

— Acts  repealed  by  Laws  of  1891, 
ch.  152  147 

— Bid  to  be  accompanied  by  bond.  .  .  .  139 

— Bond  to  secure  performance  of  con- 
tract .  ,  .  143 


INDEX. 


CONVICT   LABOR — continued:                   section 
— Coal  for  state  institutions  to  be  sup- 
plied  145 

— Coal  mine  owned  by  state  not  to  be 

leased     146 

— Coal  not  to  be  sold  on  market 148 

— Condemnation     of     land     for      coal 

mines     144 

— Contract  not  let  for  employment  out- 
side grounds  143 

— Deserfion    of   wife,    etc.,    warden    to 

pay  wages  to  wife,  etc.,  of  convict.  .  153 
— Earnings     computed     monthly     and 

placed  to  credit  of  convict 137 

-Earnings,  convicts  to  participate  in,  136 
— Earnings  may  be  sent  to  family.  ..  137 
— Employment  of  convict  labor  in  de- 
veloping  and  working  mine 146 

— Employment   of    convicts    in    mining 

coal    144 

— Execution   of   contracts    142 

— Expenditure  of  earnings 137 

— Forfeiture  of   earnings  for  violation 

of  rules    136 

— Lease   land  for  coal  mines 144 

— Letting  of  contract  for  prison  labor,  138 
— Minimum   price   per    diem   for    each 

convict     139 

— Nonsupport  of  wife,  etc.,  warden  to 

pay  wages  to  wife,  etc.,  of  convict.  .  153 
— Opening  and   consideration  of   bids,  140 
— Output  of   coal  limited   to  needs  of 
public    buildings    and    state    institu- 
tions      149 

— Payment  of  amount  due  at  expira- 
tion of  term  137 

— Period  of  contract 139 

— Proceedings     for     condemnation     of 

land     144 

— Proposals  for  bids  for  contract.  .  .  .  138 
— Repeal  of  acts  in  conflict  with  Laws 

of   1913,   ch.    304 152 

— Repeal  of  Laws  of  1897,  ch.   163 .  .  150 

— Sale  of   coal    145,  148 

— Settlement  of  questions  arising  be- 
tween meetings  141 

— Settlement  of  questions  arising  un- 
der contracts  14O 

— State  to  retain  right  to  control  and 

govern    prisoners    143 

— Submission  of  questions  to  directors,  141 
— Suits  in  name  of  board  of  directors,  142 

— Ten-hour  day  on  all  work 143 

— Trade  to  be  taught  to  prisoners.  .  .  .  143 
— Use  of  convict  labor  on  wagon  road 

to    Leavenworth    146 

— Use  of  wages  for  necessities,  clothes, 

etc 151 

— Wages  forwarded  to  persons  de- 
pendent on  convict  151 

— Wages    to    convicts  •  in    penitentiary 

and    reformatory     151 

— Warden  authorized  to  mine  coal  on 

state   lands    144 

— Work  injurious  to  prisoners  forbid- 
den   143 

CORPORATIONS— 
See  Wages. 
COUNTY   ATTORNEY— 

Complaints   to   enforce   child-labor    act, 

duty  to  prosecute    77 

Escape-shafts    in    coal    mines,    duty    to 

prosecute  under  act  on  complaint.  .  315 
Fire  protection,  duty  to  prosecute  vio- 
lations   of    act .  212 

Fire  protection,  prosecute  complaint 
against  officer  filed  by  factory  in- 
spector   215 


COUNTY   ATTORNEY — continued  :  section 

Prosecution  of  complaint  against  rail- 
road for  violating  act  concerning 

hours  of  labor 460 

Truancy  act,  duty  to  prosecute  com- 
plaints    83 

See,   also,   Prosecuting  Attorneys. 
COUNTY  PRISONERS— 

Conveyance    of    prisoners 162 

County    commissioners    to    work    male 

prisoners      161 

Credit  for  work  performed 161 

Eight-hour    day     162 

Guards    to    be    furnished    by     county 

commissioners 162 

Male     prisoners     to     be     worked     on 

streets,    highways,    poor    farm,    etc.,  161 
Materials,   tools,    etc.,   to  be  furnished,  162 

Release    of    prisoners 161 

Vagrants,    regulations   for   working...  526 
COURTS— 

See  Justices  of  the  Peace;  Small 
Debtors'  Courts. 

CROSSINGS— 

See    Railroads;     Street    Railways 

and  Interurban  Lines. 
DAMAGES — 

Coal  mines — 

— Action  for  injury  or  damage  to 
person  when  health-and-safety  act 
violated  337 

— Failure  to  comply  with  health-and- 
safety  act,  action  for  damages 337 

Compensation. — See  Workmen's  Com- 
pensation Act. 

Manufacturing  establishments — 
.    — Absence    of     safeguards,     etc.,     con- 
tributing to  death  or  injury 289 

— Action  by  personal  representative  of 
deceased  289 

— Place  of  bringing  action 289 

— Proof  of  failure  to  provide  safe- 
guards   290  ' 

— Sufficient  proof  of  cause  of  injury, 
etc 290 

Mobs,  liability  of  cities,  etc. — See  Un- 
lawful Assemblies. 

Railroad  companies — 

— Action  within   eight   months 435 

— Damages  caused  by  negligence,   etc.,  435 

— Death  within  eight  months,  notice 
not  required  435 

— Frogs,  switches,  etc. — See  Frogs, 
Switches  and  Guard-rails. 

— Liable  for  damages  to  employees.  .  .  435 

— Neglect,  damages  caused  from,  lia- 
bility of  company 438 

— Notice  in  writing  within  eight 
months  •  •  435 

— Person  prevented  from  giving  notice 
within  time  435 

— Persons  upon  whom  service  of  notice 

— may  be  made 436 

— Proof  of  service  of  notice 436 

—Repeal  of  Laws  of   1905,  ch.  341.  .  437 

— 'Service  of    notice 436 

Railroad  employees — 

— Amount  contributed  or  paid  to  in- 
surance, relief,  etc.,  may  be  set  off 
by  carrier  464 

— Contract,  rule,  etc.,  to  evade  act, 
void  464 

— Contributory  negligence  not  a  bar 
to  recovery  462 

— Damages  diminished  in  proportion 
to  negligence  of  employee 462 


233 


INDEX. 


DAMAGES — continued :                                section 
— Death  of  employee,  liability   of  com- 
pany      461 

— Liability     of     railroad     company     to 

person    suffering    injury 461 

— One  recovery,  only,  for  same  injury,  465 
— Persons     to     whom     company     held 

liable    461 

— Railroad  violating  federal  or  state 
statute,  contributory  negligence  of 

employee    no    bar 462 

— Repeal  of  acts  in  conflict   with  this 

act     466 

— Right  of  action  survives  to  personal 

representatives     465 

— Risk    of    employment    not    assumed 

where  company  violating  statute, ..  .463 
DEATH — 

Action    may    be    brought    by    personal 

representative    of    deceased 604 

Distribution  of  amount  obtained 604 

Ensuing  from  violation  of  health-and- 
safety  act  concerning  mines,  action,  337 

Limit  of  amount  of  damages 604 

Next  of  kin  may  bring  action  in  cer- 
tain cases  605 

Obstructions    on   railroad   tracks,    pun- 
ishment when   death  occasioned.  .  .  .  439 
Time  for  bringing   action  by   personal 

representative     604 

Widow    may    bring    action    in    certain 

cases     604 

See,    also,   Damages;  Manufactur- 
ing Establishments;  Workmen's 
Compensation  Act. 
DEBTORS — 

See     Liens     for     Labor;     Small 

Debtors'   Courts;   Wages. 
DEPARTMENT  OF  LABOR  AND 
INDUSTRY— 
Actions  to  vacate  and  set  aside  orders, 

etc.,  of  commissioner 174 

Annual   reports,    number   of   copies   to 

be   printed    and    distributed: 177 

Annual  reports  to  the  governor 172 

Answers  to  interrogatories  may  be  re- 
quired by  commissioner  173 

Appointees  of  commissioner — 

— Assistant     166 

— Chief   clerk    166 

— Clerk  in  mining  department 168 

— Control  of  commissioner  over  ap- 
pointees  169 

— Deputy  factory   inspectors,   two.  . .  .  166 

— Deputy  mine  inspectors,   five 166 

— Free  employment  bureau  clerk 166 

— Inspector  of  fire  escapes  and  places 

of    amusement     166 

— Qualifications  of  inspectors,   etc....  166 
— Relatives  of   commissioner,   etc.,   not 

to  be  appointed 166 

— Special  agents  and  other  assistants,  166 

— Statistical   clerk    166 

— Stenographer     166 

— Stenographer  in  mining  department,  168 

— Term  of  office 169 

Appointment  of   commissioner 163 

Blanks  and  stationery  to  be  furnished,  177 
Bond    to    be    given    by    commissioner, 

assistant,   and  deputy  inspectors...  170 
Books  and  papers  of  society  of  labor, 
and    secretary    of    mine    industries, 

turned  over  to  commissioner 163 

"Children,"    defined    175 

Commissioner  ex  officio  factory  inspec- 
tor, mine  inspector  and  director  of 
free  employment  bureau 165 


DEPARTMENT   OF   LABOR — cont. :  section 

Commissioner     member     of     industrial 

welfare    commission    235 

Commissioner    member    of    mine-rescue 

committee     362 

Commissioner    of    labor    and    industry, 

qualifications     164 

Commissioner  of  labor  to  give  infor- 
mation, etc.,  to  and  assist  industrial 

welfare   commission 251 

Commissioner  to  publish  annual  re- 
port   179 

Compensation    of    special    agents    and 

other    assistants    166 

Conditions    injurious    or    dangerous   to 

employees,   etc.,   proceedings 174 

Continuing  dangerous  method  of  oper- 
ating machine  after  notice,  penalty,  174 
Creation   of   department  under  control 
of    commissioner    of    labor    and    in- 
dustry     163 

Director    of    free    employment   bureau, 

commissioner    ex   officio    165 

Duties  of  commissioner    172 

Duty  of  owner  of  factory,  .etc.,  to 
comply  with  notice  of  commissioner,  174 

"Factory,"   defined    175 

Fees     of     witnesses     testifying     before 

commissioner     173 

Information   deemed   confidential 173 

Injurious    operation    of    machine,    etc., 

penalty     174 

Inspectors  to  give  information,  etc.,  to, 
and  assist  industrial  welfare  com- 
mission   251 

Interrogatories    may    be    submitted   by 

commissioner,    answers    173 

Investigations   by   commissioner 173 

Laws  to  be  enforced  by  commissioner,  172 
Manual  labor  in  private  house,  etc.  .  .  175 
Meaning  of  expressions  used  in  act.  .  .  175 
Mining  inspector,  person  interested  in 

coal  mine  not  to  be  appointed 166 

"Minor,"   defined    175 

Notice  to  commissioner  when  require- 
ments concerning  safeguards,  etc., 

complied    with     174 

Notice  to  owner,  etc.,  to  provide  safe- 
guards, make  alterations,  etc 174 

Office  in  capitol  building 163 

Officers  of  state,  counties,  townships, 
and  cities  to  furnish  information  to 

commissioner     176 

Orders    and   findings   of    commissioner 

to  be  reasonable 174 

Penalty  for  divulging  information.  .  .  .  173 
Penalty  for  failure  to  comply  with 

notice   of    commissioner,    etc 174 

"Person,"    defined    175 

Power  of  commissioner,  deputies,  etc., 

to  enter   any  factory,    etc 174 

Printing  of  annual  reports  of  bureau,  177 
Prosecution  of  owner,  etc.,  of  factory, 
etc.,     for     failure     to     comply     with 

notice  of   commissioner    174 

Qualifications  necessary  for  commis- 
sioner of  labor  and  industry 164 

Relatives  of  commissioner,  etc.,   not  to 

be    appointed     166 

Repeal  of  act  concerning  biennial  re- 
port   180 

Repeal  of  acts  inconsistent  with  Laws 

of   1913,   ch.   217 171 

Reports,  information  and  matter  con- 
tained in  report 179 

Reports,  matters  to  be  stated 172 

Reports,    size,    etc 177 


234 


INDEX. 


DEPARTMENT  OF  LABOR — cont . .-            section 
Reports  to  be  transmitted  by  the  gov- 
ernor   to    the    legislature 172 

Safeguards,  employee  operating  ma- 
chine without  having  in  place, 

penalty     174 

Safeguards,    removal    for    repairs,    re- 
placed before  operating  machine...  174 
Salaries — 

— Assistant     168 

—Chief   clerk    168 

— Clerk  in  mining  department 168 

— Commissioner  of  labor  and  industry,  168 

— Deputy  factory  inspectors 168 

— Deputy   mine    inspectors 168 

— Free  employment  bureau  clerk 168 

— Inspector  of  fire  escapes,   etc 168 

— Statistical   clerk    168 

-Stenographer  in  mining  department,  168 

— Stenographers    168 

State    factory    inspector,    commissioner 

ex  officio    165 

State     mine     inspector,     commissioner 

ex   officio    165 

State     secretary     of     mine     industries, 

functions   to  cease    163 

State    society    of    labor    and    industry, 

functions  of  secretary  to  cease 163 

Term  of  office  of  appointees  of  com- 
missioners   169 

Term  of  office  of  commissioner 163 

Time  for  bringing  actions  to  vacate 
or  set  aside  orders  of  commissioner,  174 

Traveling    expenses     168 

Witnesses,     failure     to     appear,     etc., 

penalty     173 

Witnesses  not  compelled  to  go  outside 

of    county    173 

Woman      factory       inspector,       duties, 

qualifications     167 

Woman  to  be  appointed  as  one  deputy 

factory   inspector    167 

"Women,"   defined    175 

"Workshop,"   defined    175 

See,  also,  Factory  Inspector;  Free 
Employment  Bureaus  and  Agen- 
cies; Mine  Inspector. 
DEPUTY  SHERIFFS— 

See  Officers. 
DERRICK— 

See   Construction   Work. 
DETECTITES — 

Governor  may   appoint   nonresident  to 

serve  warrant  issued  on  requisition,  414 
Nonresidents  not  to  be  appointed  spe- 
cial deputies,  marshals  or  policemen,  411 
Penalty  for  exercising  functions  of  offi- 
cer  without   authority    413 

Penalty  for  person  holding  himself  out 
as  deputy  sheriff,  etc.,  without  au- 
thority   413 

Penalty  for  violation  of  provision 
concerning  importation  of  private 

detectives     414 

Person,  officer,  etc.,  employing  private 

detectives   guilty   of   felony 414 

Separate  offense   for  each  day  private 

armed   detective   forces   employed.  .  .  414 
Unlawful    to    import    person,    etc.,    for 
discharging      duties      devolving      on 

sheriffs,    etc 412 

DETOURED  TRAINS — 

Penalty  for  violation  of  act 478 

Pilot  to  be  furnished  for  train  de- 
toured  over  other  railroad 477 

Qualifications   of   pilot    477 


DISCHARGE—  section 

See   Wages. 
DISCHARGED   PRISONERS— 

Exposing   or  threatening  to  expose  to 
prevent  from  obtaining  employment, 

etc 419 

Extorting  money,   etc.,  by  exposing  or 

threatening    to    expose,    etc 419 

Penalty  for  violation  of  act 419 

DOORS  IX  MINES— 

Doors  to  be  provided  in  mines  gener- 
ating explosive  gases    335 

Penalty    for    failure    to    comply    with 

provisions   of   act    340 

DOUBLE   ENTRIES  IN  MINES— 

See  Coal  Mines. 
DRILLINGS— 

See  Coal-drUlingt. 
DUE  BILLS— 

See   Wages. 
DYNAMITE — 

See  Explosives. 
EARNINGS— 

See    Wages;    Workmen's   Compen- 
sation Act. 
EIGHT-HOUR  DAT- 
See  County  Prisoners;  Lead  and 

Zinc  Mines;  Public  Work. 
ELECTIONS— 

Application    of    employee    for    time    to 

vote    181 

Attempting    to    influence    vote    of    em- 
ployee, penalty    181 

Conveyance  of  voters,  unlawful  to  pay 

for      182 

Employees  to  have  two  hours  in  which 

to   vote    181 

Hours  of  voting  at  all  elections 185 

Hours  of  voting   in  cities  of  first  and 

second    classes    185 

Penalty  for  conveying  voters  to  polls, 

etc 184 

Penalty  for  refusing  to  employee  time 

to    vote    181 

Unlawful  to  accept  employment  to  con- 
vey voters  to  polls,  etc 183 

ELECTRIC  WIRING — 

See  Fire  Protection. 
ELECTRICAL  WORK — 

See  Workmen's  Compensation  Act. 

ELEVATORS— 

See  Accidents;  Construction  Work; 

Manufacturing  Establishments. 
EMPLOYMENT  BUREAU — 

See     Free     Employment     Bureau 

and  Agencies. 

EMPLOYMENT   OFFICES  AND 
AGENCIES — 

Action  on  bond  by  director 189 

Amount  of  fee  that  may  be  charged  by 

licensed    agency    -^ .  •  192 

Bond    required    with    each    application 

for   license,    amount   and   conditions,  188 
Commencement  of   action  on  bond  by 

director    189 

Date  of  termination  of  license 187 

Director  of  state  free  employment  bu- 
reau, license  to  be  obtained  from.  .  186 
Duplicate  receipt  to  be  given  when  fee 

charged    192 

Duty   of    official   to    institute    criminal 

proceedings      194 

Entries  to  be  made  in  register  kept  by 


agency 


191 


INDEX. 


EMPLOYMENT   OFFICES — continued:      section 
False  entries  not  to  be  made  in  regis- 
ter      193 

False   information   not   to   be  given    or 

false   promises   made    193 

False  notices  or  advertisements  not  to 

be  published    193 

Fee  for  license    186 

Fee  that  may  be  charged  by  licensed 

agency    192 

Fee  to  be  returned  if   employment  not 

obtained   in  three  days 192 

Fees  received  by  director  become  part 

of   state   general   fund 196 

Fractional  part  of  year,  payment  for.  .  187 
Free  employment  bureaus  not  subject 

to  provisions  of  act 197 

Hearing  of  case  on  complaint  to  re- 
voke license  190 

License  and  copy  of  act  to  be  posted 

in   agency    186 

License  to  be  obtained  before  conduct- 
ing employment  office  186 

Matters  to  be  designated  in  license.  ..  186 
Moneys  received  by  director  to  be  ac- 
counted   for     196 

Penalty  for  violation  of  act 195 

Prosecutions,    duty  of   officials 194 

Register  of   agency  open  to  inspection 

of    director,    deputies,    etc 191 

Register  to  be  kept  by  each  agency.  .191 
Revocation  of  license  by  director.  .  .  .  190 
Violation  of  act,  duty  of  director, 

deputies,    etc 194 

Violation  of  act,  penalty 195 

See,    also,    Free   Employment   Bu- 
reau and  Agencies. 
ENGINEERING  WORK— 

See  Workmen's  Compensation  Act. 
ENGINEERS— 

Abandoning  locomotive  in  furtherance 
of  combination  or  agreement,  punish- 
ment   470 

ENTRIES  IN  MINES— 

See  Room-and-pillar  Plan  of  Oper- 
ating Mines. 
ESCAPE-SHAFTS  IN  COAL  MINES— 

Approval  by  mine  inspector 313 

Communication      between      contiguous 

mines     313 

Complaint  by  mine  inspector  when  act 

not  compiled  with    315 

Constructed   in   connection   with   every 

vein  or  stratum  worked 313 

Construction  of  escape-shafts.  .  .  .  314,  332 
Evidence  in  prosecution  under  act...  315 
Extension  of  time  for  completion.  .  .  .  316 

Mines   in    which   required 313 

Number  of  men  employed  before  sec- 
ond shaft  constructed 332 

Number   of    miners    employed 313 

Inspector  to  determine  number  of  men 
to  be  permitted  in  mine  before  sec- 
ond shaft  constructed  332 

Penalties    for    failure    to    comply    with 

acts     315,  340 

Repeal  of  acts  in  conflict  with  act  ex- 
tending time  for  construction 317 

Second  escape-shaft,  when  required.  .313 
Stagnant  water  not  to  be  allowed  to 

accumulate     314 

Stairways   in   escape-shaft 314 

Stairways,    specifications    347 

Time  allowed  for  construction  of  es- 
cape-shafts   313 

Time  when  work  shall  commence  on 
escape-shaft  316 


ESCAPE-SHAFTS  IN  COAL  MINES — cont. :    sec. 

Traveling-ways  between  bottom  of 
main  shaft  and  escape-shaft 347 

Traveling-ways  to  be  kept  clear  of  ob- 
structions   314 

See,  also,  Openings  in  Coal  Mines. 
EXAMINATION   OF  AIR-WAYS,  ETC. — 
See    Ventilation   of   Coal  Mines. 
EXAMINING  BOARD  FOR  MINERS— 

Act  to  apply  only  to  coal  mines 328 

Age  and  qualifications  required  for 
different  positions  320 

Applicants  to  whom  board  shall  grant 
certificates 321 

Appointment  of  members  of  board.  .  .    318 

Assistant  mine  foreman  not  to  be  em- 
ployed unless  certified  by  board.  .  .  320 

Certificates,  employment  of  persons  not 

holding,    in    emergency 326 

Certificates     without     examination     to 

certain  employees    320 

Chairman  to   convene  board 319 

Coal  mines,   act  to  apply  only  to 328 

Compensation  of  members,  payment  of,  318 

Consent  of  board  to  employment  of 
persons  not  holding  certificates  in 
emergency  326 

False  representation  concerning  cer- 
tificate, misdemeanor  322 

Fee  for  issuance  of  duplicate  certifi- 
cate   323 

Fees  paid  into  state  treasury  and  cred- 
ited to  coal  mine  examiners'  fund.  .  325 

Fees  to  be  paid  by  applicants  for  cer- 
tificates   320 

Fire  bosses  not  to  be  employed  unless 
certified  by  board 320 

First-grade  mine  foreman's  certificate, 
positions  which  may  be  held  by 
holder  326 

Forged  certificate,  attempting  to  se- 
cure employment  by,  misdemeanor,  322 

Forging,  altering  or  counterfeiting 
certificate,  misdemeanor  322 

Gas  men  not  to  be  employed  unless 
certified  by  board 320 

Grounds  for  revocation  of  certificate.  .  324 

Hearing  on  revocation  of  certificate.  .  324 

Hoisting  engineers  not  to  be  employed 
unless  certified  by  board 320 

Loss  or  destruction  of  certificate 323 

Mine  foreman,  certificates  of  two 
grades  321 

Mine  foreman  not  to  be  employed  un- 
less certified  by  board 320 

Mine  foreman's  certificate  of  first 
grade,  examination  for 321 

Nature    of    examinations 320 

Notice  of  meeting  at  which  applicants 
to  be  examined 319 

Notice  to  holder  of  certificate  before 
revocation 324 

Organization    of    board 319 

Penalty  for  violation  of  act  by  any 
owner,  operator,  etc 327 

Publication  of  notice  of  meeting  at 
which  applicants  to  be  examined.  .  319 

Qualifications  of  applicants  for  ex- 
amination  320 

Qualifications  of  members  of  board.  .  .  318 

Reexamination  of  holder  of  canceled 
certificate  324 

Revocation  of  certificate  by  board.  .  .  .  324 

Second-grade  mine  foreman's  certifi- 
cate, positions  which  may  be  held  by 
holder  326 

Secretary,    selection,    duties 319 


236 


INDEX. 


EXAMINING  BOARD  FOR  MINERS — cont.  „•      sec. 
Secretary  to  issue  duplicate  certificate, 

proof    323 

Shot-firers    not    to   be   employed   unless 

certified    by    board 320 

Shot-inspectors  not  to  be  employed  un- 
less   certified   by   board 320 

Term  of  office  of  members  of  board.  .  .  318 

Violation  of  act,  penalty 327 

Written  charges  for  revocation  of  cer- 
tificate     324 

EXAMINING  BOARD  FOB  PLUMBERS — 
See    Plumbers,    Examination    and 

Certification. 
EXECUTIONS— 

See  Small  Debtors'  Courts;  Wages; 

Workmen's  Compensation  Act. 
EXEMPTION'S — 

Claim    under    workmen's    compensation 

act   exempt    570 

See,  also,   Wages. 
EXHIBITIONS— 

See  Child  Labor. 
EXPLOSIONS— 

See  Accidents;  Coal  Mines;  Mine- 
rescue  Work. 
EXPLOSIVE  GASES — 

See  Ventilation  of  Coal  Mines. 
EXPLOSIVES — 

Black  powder,  use  in  coal  mines — 

— Amount    sent    in   for   distribution   to 

miners    294 

— Delivery    to    miner 302 

— Insulation  of  car  hauled  by  electric 
motor  used  in  delivering  powder.  .  .  305 

— Manner  and  place  of  keeping 294 

— Opening    of    original    package,     un- 
sealing   seal     303 

— Penalty     for     delivering     in    electric 

car   without    insulation,    etc.. 306 

— Penalty  for  opening  can  with  pick, 

etc 307 

— Penalty    for    selling    powder    other- 
wise than  provided   in   act 306 

— Penalty    for    violation    of    act    con- 
cerning   distribution,    etc 294 

— Pick  or  other  metal  not  to  be  used 

in  opening  can  containing  powder.  .  304 
— Pit    bosses,     etc.,     to     see     that     act 

complied    with     294 

— Unlawful   to    convey,    etc.,    into   coal 

mine  except  as  provided  in  act.  . .  .  304 
— Unlawful  to  have  more  than  twenty- 
five    pounds     294 

— Unlawful     to     sell,     etc.,     except     in 

original  twenty-five-pound  packages,  302 
Dynamite,  etc.,  use  in  coal  mines — 
— Approval    of    rules    and    regulations 

by    inspector    308 

— Penalty  for  failure  to  remove  smoke, 

gases,   etc 311 

— Penalty  for  unlawful  use 310 

— Removal  of  smoke,  gases,  etc.>  from 

mine      309 

— Rules,  etc.,  to  be  in  writing 308 

— Unlawful  to   direct   employees  to   go 

into  mine  until  smoke,  etc.,  removed,  309 
— Unlawful  to   use   in  mine   except   as 

provided    in    act 308 

— Use     under     rules     and     regulations 

agreed   upon    308 

Storage,  handling  and  disposition — 
— Act  not  to  apply  to  black  or  blasting 

and    gunpowder    198 

— Carrying  of  explosives  concealed  on 
the  person,   prohibited 202 


EXPLOSIVES — continued  :  section 

— Federal  act. — See  note  to  ch.  17. 
— Intoxicated    or    irresponsible   person 

not  to  receive  explosives 199 

— Magazine  or  storage  house  location,  201 
— Negligent    handling    or    exposing    of 

explosives     199 

— Nitroglycerine,    storing,    etc 201 

— Penalties  for  violation  of  act 203 

— Possession      of      explosives      without 

having  executed  receipt,  violation  of 

act    200 

— Quantity    of    explosives,    location    of 

magazine,    etc 201 

— Record  of  sale,  etc.,  to  be  kept.  .  .  .  198 
— Record  open  to  inspection  of  certain 

officers    198 

— Record  to  be  preserved  one  year.  .  .  198 
— Record  to  be  signed  by  person,  etc., 

receiving    explosives     198 

See,    also,    Coal   Dust,    etc.;    Ven- 
tilation of  Coal  Mines. 

EX-SOLDIERS  AN'D  SAILORS — 

See  Old  Soldiers'  Preference  Law. 
FACTORIES — 

See  Accidents;  Department  of 
Labor  and  Industry;  Factory 
Inspector;  Fire  Protection; 
Manufacturing  Establishments; 
Workmen's  Compensation  Act. 
FACTORY  ACT— 

See  Manufacturing  Establish- 
ments. 

FACTORY  INSPECTOR— 

Accidents,  duty  to  investigate  and 
make  recommendations  11 

Accidents  reported  to  inspector 11 

Annual  report  to  include  report  of 
accidents  and  recommendations.  ...  12 

Appointment  of   deputy  inspectors,  two,  166 

Child  labor,  duty  to  inspect  work  per- 
mits and  examine  children  em- 
ployed    77 

Commissioner  of  labor  and  industry 
ex  officio  inspector 165 

Complaint  filed  with  county  attorney 
when  officer  fails  to  comply  with 
fire-protection  act  215 

Complaint  on  failure  of  officer  to 
comply  with  fire-protection  act.  .  .  .  215 

Complaint    to    inspector    of    insufficient 
or   defective   appliances   in   construe-     ' 
tion   work    134 

Complaint  when  child-labor  law  vio- 
lated    77 

Deputies   to   give   bond 170 

Deputies  to  inspect  work  permits  and 
examine  children  employed 77 

Inquest,  inspector  or  deputy  may  at- 
tend    11 

Inspection  of  appliances  complained 
of  in  construction  work 134 

Inspection  of  buildings  mentioned  in 
fire-protection  act  214 

Inspector  or  deputies  empowered  to  re- 
quire changes  for  fire  protection...  214 

Notice  to  contractor  of  defective  or 
insufficient  appliances 134 

Salary  of   deputy   factory   inspectors.  .  168 

State  superintendent  of  inspection,  ex 
officio  213 

Traveling    expenses     168 

Woman  appointed  as  one  deputy 167 

Woman  inspector,  duties,  qualifica- 
tions   167 

See,    also,    Department    of    Labor 
and  Industry. 


237 


INDEX. 


FAIR  GROUNDS—  section 

Inmates     of     reformatory     detailed     to 

care   for  grounds 160 

FELLOW-SERVANT  DOCTRINE— 

See  Workmen's  Compensation  Act. 
FENCES  AT  COAL  MINES — 

Abandoned  shaft  or  slope,  fences  to  be 
maintained  about  entrance 336 

Fences    to    be    maintained    about    ma- 
chinery  at   mines 336 

Gates  or  bars  to  be  kept  closed 336 

Maintained    around    top    of    shaft    and 
landing     336 

Penalty  for  failure  to  comply  with  pro- 
visions of  act 340 

FIRE-DAMP— 

See  Ventilation  of  Coal  Mines. 
FIRE-ESCAPES— 

See  Fire  Protection;  Manufactur- 
ing Establishments. 
FIRE-EXTINGUISHERS— 

See  Fire  Protection. 
FIRE  PROTECTION— 

Artificial  ventilation  for   certain  build- 
ings     209 

Booths  for   moving-picture  machines.  .  209 

Chemical     fire-extinguisher     or     extin- 
guishers on  each  floor  of  building.  .  211 

Chief  of  fire  department,  etc.,  to  make 
inspections  and  report  violations.  .  .  212 

Chief  of  fire  department  failing  to  per- 
form   duty,    penalty 217 

Chief  of  fire  department  to  make  semi- 
annual report    213 

Complaint   against   officer  filed  by  fac- 
tory inspector  with  county  attorney,  215 

Complaint  to  factory  inspector  on  fail- 
ure of  officer  to  comply  with  act.  .  .  215 

Electric    wiring     209 

Factory     inspector     and     deputies    em- 
powered to  require  changes,   etc....  214 

Fire-escapes — 

— Buildings  having  cement  walls,  etc.,  205 

— Buildings  on  which  to  be  provided,  205 

— Disputed  matters  submitted  to  state 
superintendent    of    inspection 205 

— Elevators    and    warehouses 205 

— Fire-proof   roofs    205 

— Judgment  of  fire  marshal   and   state 
superintendent  of  inspection  final.  .  205 

— Number,  location,  material,  etc 205 

Fire-extinguishers    and   stand-pipe  may 
both    be    required 211 

Inspection  by  local  officers 210 

Inspection,    liability    of    city    for    fail- 
ure  to    enforce 216 

Inspection    of    buildings    by    state    fac- 
tory  inspector   and  deputies 214 

Inspection,    state    factory    inspector    ex 
officio    state    superintendent   of 213 

Investigation   by    factory    inspector    on 
complaint     215 

Liability  of  municipality  for  failure  to 
enforce    police    inspection 216 

Liability  of  owner,   lessee,   etc.,   failing 
to    comply   with    act 216 

Local   officer  to  make  inspections   and 
report    violations     212 

Local    officers    to    require    compliance 
with   act    210 

Notices   designating  places   where   fire- 
escapes    found     206 

Officer     failing     to     comply    with     act, 
penalty     217 

Penalty  for  failure  to  comply  with  act,  216 


FIRE    PROTECTION — continued  :  section 

Public  halls,  theaters,  etc.,  to  be  pro- 
vided with  stairways,  hallways,  etc.,  207 

Regulations  concerning  doors,  exits, 
etc.,  in  theaters,  halls,  etc 207 

Repeal    of    Laws    of    1909,     ch.     149, 
.      etc 218 

Report  of  chief  of  fire  department  to 
state  factory  inspector,  time  of 
making,  etc '.  . .  213 

Semiannual  report  by  chief  of  fire 
department  to  state  factory  in- 
spector   213 

Stand-pipe  and  hose  substituted  for 
fire-extinguishers  211 

State  factory  inspector  ex  officio  state 
superintendent  of  inspection 213 

State  superintendent  of  inspection,  de- 
cision of  disputed  matters 205 

State  superintendent  of  inspection, 
state  factory  inspector  ex  officio.  ...  213 

Unlawful  to-operate  theater,  etc.,  with- 
out proper  ventilation  208 

Ventilation,  artificial,  required  in  cer- 
tain buildings  209 

Ventilation  required  in  theaters,  pic- 
ture shows,  etc 208 

Violation  of  act  by  officer,  penalty.  .  .  217 

Violations  reported  to  county  attorney,  212 
See,     also,    Manufacturing    Estab- 
lishments. 
FLAGMEN,  ETC.,  ON  RAILROADS— 

Accident  occurring  by  failure,  refusal 
or  neglect  of  flagman,  etc.,  punish- 
ment   446 

Flagman  to  be  stationed  regardless  of 
automatic  signals,  etc 444 

Penalty  for  failure  of  flagman,  etc., 
to  perform  duty 446 

Penalty  for  violation  of  act 445 

Stationed  to  protect  trains,  etc.,  ob- 
structing main  tracks  443 

Street  railway  crossing  railway  tracks,  482 

Visible    and    audible    signals,    flagman 

to   have    444 

FREE  EMPLOYMENT  BUREAU  AND 

AGENCIES — 

Agencies  not  subject  to  act  concerning 
licensed  agencies  197 

Allowance  for  postage  and  express...  227 

Annual  report  of  director 223 

Appointment  and  compensation  of  di- 
rector   219 

Appointment  of  free  employment  bu- 
reau clerk  166 

Cities,  free  agencies  in  cities  of  first 
and  second  class  219 

City  clerk,  duties  devolve  upon,  when 
no  other  agency  established 221 

City  of  second  class  may  dispense  with 
agency  219 

Commissioner  of  labor  and  industry 
ex  officio  director 165 

Compensation  of  director  of  free  em- 
ployment   227 

Director  to  keep  and  maintain  an 
office  225 

Director  to  prepare  rules  and  regula- 
tions, forms,  etc 220 

Duties  of  free  employment  agent 222 

Establishment  of  agencies  by  mayor 
and  council  of  cities  221 

Executive  council  to  provide  room, 
etc.,  for  director  225 

Free  employment  bureau  created 219 

Harvest  hands,  purpose  of  making 
list  .  .  .  226 


238 


INDEX. 


FREF  EMPI.OYMKXT  BUREAU — cont. .-      section 

List  of  number  of  extra  harvest  hands 
to  be  prepared  by  director 226 

Notification  by  director  where  employ- 
ment may  be  had 223 

Notification  to  persons  registered  of 
employment  open  222 

Printing  of  blanks,  forms,  blank 
books,  etc 220 

Registration  of  persons  desiring  em- 
ployment   222 

Registration  of  persons  desiring  to 
employ  any  person 222 

Removal  of  agent  appointed  by  city  to 
conduct  free  employment  agency.  .  .  224 

Removal  of  city  clerk  as  free  employ- 
ment officer  224 

Reports  of  agencies  made  to  director 
of  free  employment  223 

Reports  to  director  of  free  employ- 
ment   222 

Salary  of  free  employment  bureau 
clerk  168 

Traveling    expenses    168 

Vacancy   in   office   of   free   employment 

agent,    how  filled    224 

FREE   PASSES,  ETC.,   ON  RAILROADS — 

"Employee,"  persons  included,  persons 
excluded  449 

Epidemic,  pestilence  or  catastrophe, 
passes,  etc.,  not  prohibited  when 
necessary,  etc 451 

Excursion  rates  not  prohibited 452 

"Family,"  persons  included,  others  ex- 
cluded   450 

Local  attorney,  physician  and  surgeon 
excepted  449 

Militia,    act  not  to   affect  rate  for.  ...  452 

Penalty  for  issuing,  giving,  etc.,  to 
persons  not  authorized  to  accept 
and  use  same 448 

Penalty  for  soliciting,  accepting  or  us- 
ing by  persons  not  authorized 448 

Punishment    of    persons    violating    act,  453 

Reduced  fare  to  ministers  of  the  gos- 
pel, etc.,  not  prohibited.  . 452 

Repeal  of  acts  in  conflict  with  anti- 
pass  act  454 

Unlawful  for  persons  not  specified  to 
solicit,  accept,  or  use  free  pass,  etc.,  447 

Unlawful  for  railroad  company  to 
issue,  give,  etc.,  except  to  persons 
specified  447 

Violation  of  act  by  device,   subterfuge 

or    arrangement,    punishment 453 

FREE   SPEECH— 

See  Bill  of  Rights. 
FREIGHT  TRAINS  CARRYING 

PASSENGERS— 

Act  not  applicable  to  certain  trains 
loaded  with  live  stock  474 

Caboose  need  not  be  stopped  at  depot,  474 

Company  liable  only  for  gross  negli- 
gence   :  •  •  •  ^^ 

Officer  or  employee  of  company  violat- 
ing act  guilty  of  misdemeanor 475 

Penalty  for  violation  of  act 475 

Repeal  of  Laws  of  1907,   ch.  274 476 

Stopping  to  receive  or  discharge  pas- 
sengers   474 

Trains  to  which  caboose  attached 
obliged  to  transport  passengers....  474 

Transportation  of   children 474 

FROGS,  SWITCHES  AND  GUARD-RAILS— 

Accidental  injury  to  be  guarded 
against  by  filling,  blocking  and 
guarding  455 


FROGS,    SWITCHES  AVD   GUARD   RAILS — 

continued .-                                              section 
Liability    of     company    to    person    in- 
jured     456 

Penalty  for  violation  of  act 456 

Separate  offense   each   thirty  days   act 

not  complied   with    455 

FURNACES — 

See  Ventilation  of  Coal  Mines. 
GARAGE — 

Lien  of  keeper  for  labor 264-266 

See,  also,  Liens  for  Labor. 
GARNISHMENT— 

See  Wages. 
GAS— 

See  Ventilation  of  Coal  Mines. 
GIRLS — 

Employers    to    furnish    chairs,     stools, 

etc 65 

Failure  of  employer  to  furnish  chairs, 

stools,    etc.,   penalty    65 

See,  also,  Industrial  Welfare  Com- 
mission. 
GUARD-RAILS— 

See   Frogs,    Switches    and    Guard- 
rails; Manufacturing  Establish- 
ments. 
HAND-RAILS— 

See       Manufacturing       Establish- 
ments. 
HARVEST  HANDS— 

See  Free  Employment  Bureau  and 

Agencies. 
HEADLIGHTS  ON  LOCOMOTIVES — 

Act  not  to  apply  to  certain  engines.  .  .  457 
Conditions      under      which      visibility 

measured     457 

Locomotive     engines    to    be    equipped 

with    headlights     457 

Operation  of  engine  for  part  of  day 
in  violation  of  act  complete  misde- 
meanor   458 

Penalty  for  violation  of  act 458 

Power   of   headlight    required 457 

HIGHWAYS— 

See  Convict  Labor;  County  Prig- 
oners;  Public  Work. 
HOISTING  AT  MINES— 

Duty  of  foreman,  eager,  etc.,  in  charge 

of  bottom  of  shaft   348 

Empty  cage  to   be   given   to  every   six 

employees  ready  to  ascend    349 

Means  to  be  kept  ready  where  stair- 
ways not  constructed  347 

Penalty  for  failure  to  comply  with 
provisions  of  act  358 

HOISTING  SHAFTS— 

See  Manufacturing  Establish- 
ments. 
HOISTS — 

See  Construction  Work. 
HOLIDAYS— 

Columbus  day  a  legal  holiday 232 

Columbus  day  not  to  affect  commer- 
cial paper,  etc 232 

Holidays  specified  in  negotiable-instru- 
ments act. — See  note  to  ch.  20. 

Labor  day  a  legal  holiday 229 

Lincoln's  birthday  a  legal  holiday.  .  .  .  231 

Memorial   day   a   legal   holiday 228 

Washington's  birthday  a  legal  holiday,  230 
HORSESHOER— 

Lien  for  labor    264-266 

See,  also,  Liens  for  Labor. 


239 


INDEX. 


HOURS  OF  LABOR— 


section    INDUSTRIAL  WELFARE  COMMISSION — 


Convict  labor,   ten-hour  day 

County   prisoners,    eight- hour    day.  .  .  . 
Eight-hour    day. — See    Lead    and   Zinc 
Mines;  Public  Work. 

Railroads— 

— Act  not  applicable  to  employees  of 
sleeping-car  companies,  etc 

— Actions  brought  against  company 
violating  act  by  attorney-general  or 
prosecuting  attorney  of  county .... 

— Baggagemen  and  express  messengers 
not  subject  to  act 

— Cases  in  which  act  shall  not  apply, 

— Complaint  made  to  commissioner  of 
labor  

— Complaint  to  be  filed  by  commis- 
sioner of  labor  

— Eight  hours'   rest  required 

— Federal  act. — See  note  to  ch.  36, 
art.  10. 

— Investigation  by  commissioner  of 
labor  

— Penalty  for  violation  of  act 

— Sixteen    consecutive   hours   on    duty 

by  persons   named    

See,  also,  Industrial  Welfare  Com- 
mission. 
INDUSTRIAL  WELFARE  COMMISSION— 

Act  construed  as  supplemental  to  ex- 
isting laws  

Action  by  employer,  employee,  etc.,  to 
vacate  order,  ruling,  or  holding.  .  .  . 

Action  of  commission  on  report  of 
board  

Action  to  set  aside  order,  etc.,  ad- 
vanced over  other  actions 

Appeal  from  district  court  in  action 
to  set  aside  order,  etc 

Appointment  of  members  of  commis- 
sion   

Attorney-general  to  appear  for  com- 
mission   

Attorney's  fee  in  action  to  recover 
minimum  wage,  overtime,  etc 

Biennial   report   to  the  governor 

Board  reconvened  or  new  board  called, 

Burden  of  proof  in  action  to  set  aside 
order,  ruling,  etc 

Commissioner  of  labor  and  two  others 
constitute  commission 

Commissioner  of  labor  to  give  informa- 
tion and  assist  in  carrying  out  act, 

Compensation  of  members  of  wage, 
hour  or  sanitary  board 

Compensation  of  witnesses  for  travel 
and  attendance  

Conditions  of  labor  of  women,  learn- 
ers and  apprentices,  and  minors,  233, 

Construction  of  act  as  supplemental 
legislation  

Copy  of  order  to  be  mailed  to  employ- 
ers   

Costs  in  action  to  recover  minimum 
wage,  overtime,  etc 

Creation  of  industrial  welfare  com- 
mission   

Definition  of  terms  used  in  act 

Determination  of  majority  of  board  to 
be  reported  to  commission 

Determinations  of  new  board,  action 
upon  

Different  minima  hours  and  standards 
for  different  localities 

Discharge  of  employee  for  participa- 
tion in  investigation,  penalty 

Discrimination  against  employee  for 
participation  in  investigation,  pen- 
alty   


143 
162 


459 


460 


459 

459 


460 


460 
459 


460 
460 


459 


253 
246 
242 
246 
246 
235 
246 

249 
252 
243 

246 
235 
251 
240 
239 
234 
253 
242 
249 

235 
245 

241 
243 
241 
248 


248 


continued :  section 

Employees  who  are  physically  defective 
or  crippled,  etc.,  special  license.  .  .  .  244 

Employment  of  women,  etc.,  in  viola- 
tion of  orders,  etc.,  penalty 249 

Findings    and   report   of    commission.  .  239 

Hours,  employment  for  greater  num- 
ber than  fixed,  penalty 249 

Hours  of  labor  of  women,  learners, 
and  apprentices,  and  minors 234 

Information  to  be  transmitted  by  com- 
mission to  board 241 

Inspection  of  employer's  register  by 
commission,  etc 238 

Inspectors  of  bureau  of  labor  to  give 
information  and  assist  in  carrying 
out  act  251 

Investigation  by  commission  whether 
employers  and  employees  somplying 
with  orders,  etc 250 

Investigation  of  wages,  hours  or  labor 
conditions  237 

Jurisdiction  of  commission  over  de- 
termination of  board,  etc 240 

Members  of  commission  to  serve  with- 
out pay  236 

Members  of  wage,  hour  or  sanitary 
board  240 

Minimum  wage,  duties  of  board  in  de- 
termining   241 

Minimum  wage,  employment  of  wo- 
man, or  minor,  learner  or  appren- 
tice for  less  than,  penalty 249 

Minimum  wage,  recovery  in  civil  ac- 
tion   249 

Notice  of  public  hearing  on  determina- 
tion of  board 242 

Number  of  hours,  duty  of  board  in 
determining  241 

Oaths  to  be  administered  by  member 
of  commission  239 

Office  of  commission  to  be  provided  in 
state  house  236 

Officers   and   employees   of   commission,  235 

Order  made  by  commission  effective  in 
sixty  days  242 

Order  of  commission 239 

Orders,   etc.,   in   effect  pending  appeal,  246 

Overtime,  etc.,  recovery  in  civil  ac- 
tion   249 

Penalty  for  discharge  or  discrimina- 
tion against  employee  for  participa- 
tion in  investigation 248 

Penalty  for  violation  of  act 247 

Police  and  sovereign  power  of  state 
exercised  233 

Posting  of  order  of  commission 242 

Power  and  authority  of  commission  in 
making  investigation  237 

Production    of    records,    etc 239 

Prosecution  of  persons  not  complying 
with  orders  250 

Public  hearings  for  purpose  of  inves- 
tigation   239 

Qualifications  of  members  of  commis- 
sion   235 

Quorum  of   commission 235 

Reasons  and  facts  for  determination 
to  be  reported  to  commission 241 

Register  to  be  kept  by  employers  of 
women,  learners,  and  apprentices, 
and  minors  238 

Relatives  of  persons  specified  not  to  be 
appointed  on  commission 235 

Removal   of  members  of   commission.  .  235 

Reopening  of  question  of  wages,  hours 
or  conditions  of  labor 243 

Report  to  the  governor,  printing  and 
distribution  252 


240 


INDEX. 


IxnrsTRiAL  WKLFAHK  COM. — cont. :        section 

Request  of  persons  employed  for  in- 
vestigation   237 

Rules  and  regulations,  commission  to 
have  power  to  make 245 

Rules  and  regulations  governing  wage, 
hour  or  sanitary  board 240 

Sanitary  conditions,  duty  of  board  in 
determining  241 

Separate  inquiry  into  and  report  on 
any  branch  of  occupation 245 

Separate  order  on  any  branch  of  oc- 
cupation   245 

Service  on  member  of  board  in  action 
to  set  aside  order,  etc 246 

Special  license  to  employees  who  are 
physically  defective  or  crippled, 
etc".  .  .  ." 244 

Term  of  office  of  members  of  commis- 
sion   235 

Terms  used  in  act,  defined 245 

Testimony  at  hearings    239 

Time  for  bringing  action  to  set  aside 
order,  ruling,  etc 246 

Traveling  and  necessary  expenses  of 
members  of  commission  to  be  paid.  .  236 

Vacancies,  how  filled    235 

Violation  of  act,  misdemeanor,  penalty,  247 

Wage,  hour  or  sanitary  board  for  any 
occupation  240 

Wages  of  women,  learners,  and  ap- 
prentices, and  minors 234 

Witnesses  mav  be  subpoenaed,  fees, 
etc 239 

Woman,  one  member  of  commission  to 

be     235 

INDUSTRY— 

See  Department  of  Labor  and  In- 
dustry. 
INFANTS — 

See  Minors. 
INFLAMMABLE   INGREDIENTS — 

See    Coal    Dust,    etc.;    Ventilation 

of  Coal  Mines. 
INJUNCTION— 

See   Injunctions  in  Labor   Cases; 
Mine  Inspector;    Union  Labels, 
etc. 
INJUNCTIONS  IN   LABOR  CASES— 

Acts  which  shall  not  be  prohibited  by 
restraining  order  or  injunction.  .  .  .  257 

Amount  and  conditions  of  security  re- 
quired   255 

Application,    sufficiency,    verification.  .  257 

Cases  involving  employers,  employees 
or  persons  seeking  employment.  .  .  .  254 

Description  of  act  sought  to  be  re- 
strained, without  reference  to  peti- 
tion, etc 256 

Expiration  of  temporary  restraining 
order  •  ••  .  254 

Extension  of  temporary  restraining 
order  254 

Injunction  not  to  be  granted  unless 
necessary  to  prevent  injury,  etc.  .  .  257 

Notice  and  opportunity  to  be  heard .  .  254 

Order  to  set  forth  reasons  for  issu- 
ance   256 

Persons    bound    by    order 256 

Reasons  for  extension  of  temporary  re- 
straining order  to  be  entered  of 
record  254 

Record  to  be  made  of  temporary  re- 
straining order  254 

Restraining  order  not  to  be  granted 
unless  necessary  to  prevent  injury, 
etc 257 


I-VJT-XCTIONS  is-  LABOR  CASES — cont.-     sec 
Security     to     be     given     before    order 

issued     255 

Service  of  notice  and  copy  of  plead- 
ings   254 

Temporary    restraining    order    without 

notice  in  certain  cases 254 

Verification    of    application 257 

See,  also,   Union  Labels,  etc. 
INJURIES— 

See    Accidents;    Damages;    Work- 
men's  Compensation   Act. 
INSPECTOR  OF  MINES— 

See  Mine  Inspector. 
INSURANCE— 

See      "Scheme     of     compensation, 
benefit     or     insurance,"     under 
Workmen's    Compensation    Act. 
INTERURBAN   LINES — 

See    Street    Railways    and    Inter- 
urban  Lines. 
JOURNAL  BRASS— 

Employees  may  remove  in  performance 

^  of   duty    468 

Unlawful  to  remove  from  engine,   car, 

motor,    etc 468 

Violation  of  act  a  felony,   punishment,  469 
JURISDICTION — 

See    Small   Debtors'    Courts;    Jus- 
tices of  the  Peace. 
JURY— 

See  BUI  of  Rights. 
JUSTICES  OF  THE   PEACE — 

Concurrent    jurisdiction    with    district 

court    in    misdemeanors 400 

Jurisdiction    in    misdemeanors 400 

Limit    of    fine    and    imprisonment    in 

justice   court    400 

KANSAS  CONSTITUTION— 
See  Bill  of  Rights. 
KEEPER   OF  GARAGE— 

Lien    for    labor 264  266 

See,   also,   Liens  for  Labor. 
LABELS — 

See  Union  Labels,  etc. 
LABOR  AND  INDUSTRY — 

See  Department  of  Labor  and  In- 
dustry. 

LABOR  CASES— 

See  Injunctions  in  Labor  Cases. 
LABOR  DAY — 

Legal  holiday    229 

LABOR  DEPARTMENT — 

See  Department  of  Labor  and  In- 
dustry. 

LABOR  LIENS — 

See  Liens  for  Labor. 
LABOR   ORGANIZATIONS— 

Act    making    it    unlawful    to    discharge 

employee,    unconstitutional     64 

Act  making  it  unlawful  to  require  em- 
ployee to  enter  into  agreement  not 
to  become  or  remain  a  member,  un- 
constitutional    64 

See,  also,  Union  Labels,  etc.  \, 

LABOR  UNIONS — 

See    Labor    Organizations;    Union 

Labels,  etc. 
LARD  OIL— 

Use  for  lighting  purposes 355 

When  other  light  may  be  used 35» 

241 


16— Labor— 1725. 


INDEX. 


LEAD  AND  ZINC  MINES,  EIGHT-HOUR 

DAI —  section 

Acts    constituting    separate   offenses.  .  .  361 

Basis  of  payment  in  emergencies 360 

Eight  hours  constitute  a  day's  labor.  .  360 

Emergencies,    hours   of    labor 360 

Penalty  for  requiring,  permitting,  etc., 
person  to  work  more  than  eight 

hours    per    day 361 

See,   also,  Mines. 
LEARNERS  AND  APPRENTICES — 

See    Industrial    Welfare    Commis- 
sion. 

LEGAL  HOLIDAYS— 
See  Holidays. 
LIBERTY  OF  THE   PRESS— 

See  Bill  of  Rights. 
LIENS  FOR  LABOR— 

Blacksmith,  horscshoer,  keeper  of  gar- 
age, etc. — 

7— Lieu  enforced  and  foreclosed  as 
chattel  mortgage  266 

— Lien  for  services  and  materials  in 
making  repairs,  etc 264 

— Lien  of  blacksmith,  horseshoer,  wag- 
onrnaker,  keeper  of  garage,  etc 264 

— Lien  on  goods,  chattels,  horses, 
mules,  wagons,  buggies,  automo- 
biles, farm  implements,  etc 264 

— Lien  to  be  filed  for  record  with  re- 
corder of  county 265 

— Time  for  filing  lien 265 

Bond  to  secure  claims — 

— Amount  and  approval  of  bond 282 

— Amount  and  conditions  of  bond 
taken  by  public  officer 283 

— Approval  of  bond  taken  by  public 
officer 284 

— Claimant  for  labor,  etc.,  may  sue 
on  bond  taken  by  public  officer.  .  .  .  284 

— Contract  relating  to  public  improve- 
ments in  sum  exceeding  $100 283 

— Discharge  of  liens  already  filed.  .  .  .  282 

— Filed  with   clerk  of  district  court..  282 

— Filing  of  bond  taken  by  public 
officer  284 

— Lien  not  to  attach  if  contractor  or 
owner  execute  and  file  bond 282 

— Liens  discharged,  others  not  to  at- 
tach, when  bond  taken  by  public 
officer  284 

— Limitation  of  actions  on  bond  taken 
by  public  officer 284 

— Public  officer  to  take  bond  from  con- 
tractor   283 

— Suit  on  bond  by  any  person  inter- 
ested   282 

Mechanics'  liens — 

— Actions  to  enforce  liens,  procedure, 
etc 275 

— Amendment    of    lien    statement 275 

— Assignment  of  claims,  record 274 

— Cancellation  of  liens  when  actions 
thereon  barred  279 

— Claimant  to  file  statement  in  office 
of  clerk  of  district  court 272 

— Claims  for  liens  assignable,  rights 
of  assignee  274 

' — Consolidation  of  actions  pending  to 
enforce  liens  277 

— Contractor  to  defend  action 276 

— Costs  taxed  against  claimant  fail- 
ing to  establish  lien 279 

— Credit  for  payment  to  subcontractor,  273 


LIENS  FOR  LABOR — continued:  section 

— Defense  by  owner  at  expense  of  con- 
tractor   27fl 

— Entries  to  be  made  by  clerk  when 
statement  filed  272 

— Fee  of  clerk  for  entering  statements,  273 

— Liability  of  owner  of  land  to  la- 
borer, etc 273 

— Lien  enforced  by  civil  action 275 

— Lien  of  laborer,  etc.,  time  for  filing 
statement  273 

— Lien  on  land,  building,  and  appur- 
tenances   271 

— Liens  preferred  to  other  liens,    etc.,  271 

— Lightning  rods,  lien  not  to  attach  to 
building,  etc.,  under  this  act 281 

— 'Limitation  of  actions  to  enforce 
liens  275 

— Limitation  of  actions  Avhere  promis- 
sory note  given 275 

— Note  given  for  labor  or  material.  .  .  272 

— Owner  entitled  to  retain  amount  of 
claims,  etc.,  until  adjudicated 276 

— Owner  may  bring  action  to  have 
liens  adjudicated  279 

— Owner  may  pay  subcontractor 273 

— Owner  not  liable  to  action  by  con- 
tractor within  sixty  days 273 

— Parties   to    actions   to    enforce   liens,  276 

— Payments  to  contractor  within  sixty 
days  at  owner's  risk 273 

— Persons  entitled  to  liens 271 

— Proceeds  of  sale  distributed  ratably 
if  insufficient 280 

— Rights  of  parties  where  property 
sold  278 

— Sale  of  property  where  judgment 
rendered  to  enforce  lien 278 

— Service  of  notice  on  owner  of  land,  273 

— Sheriff  unable  to  find  original  con- 
tractor, proceedings  276 

— Statement,  matters  to  be  set  forth.  .  272 

— Statement  of  lien   of  laborer,   etc...  273 

— Stay  of  trial  to  permit  filing  of  lien 
statement  277 

— Subcontractor,  artisan  or  laborer  en- 
titled to  lien..' 273 

— Time   for    filing    statements 272 

Oil  and  gas  leasehold — 

— Artisan  or  day  laborer  in  employ 
of  contractor  268 

— Enforcement  of  lien  for  labor  and 
material  269 

— Lien  of  contractor  on  leasehold  or 
pipe  line  for  labor  and  material...  269 

— Lien  preferred  to  other  liens 267 

— Repeal  of  acts  in  conflict  with  this 
act  270 

— Subcontractor  or  materialman  to 
have  lien  268 

Personal  property — 

— Abandonment  of  lien  by  delivery  of 
property  263 

— Certified  copies  of  notices,  etc.,  pre- 
sumptive evidence  262 

— Contents   of   statement 258 

— Copies  of  notices,  affidavit,  etc.,  to 
be  filed  in  county  clerk's  office.  .  .  .  262 

— Excess  of  money  from  sale  deposited 
with  county  treasurer 261 

— Lien  of  mechanic,  artisan  or  trades- 
man on  property  altered  or  re- 
paired   258 

— Mechanic,  etc.,  entitled  to  posses- 
sion if  claim  not  paid  in  six  months,  2'">8 

— Notice  of  sale  of  personal  property,  259 


242 


INDEX. 


LIENS   FOR   LABOR— <wi^.  .•  .    section 

— Posting   of   notices    when   value   $20 

or  less    259 

-Proceeds    of    sale,    disposition    after 
payment   of   charges  and  expenses.  .  261 

— Publication    of    notice 259 

— Sale  of  property  after  six  months.  .  258 
—Sale     of     property     when     statement 

filed,  etc 258 

— Sales    to    be    at    public    auction    for 

cash    260 

— Service  of  notice  on  owner 259 

— Statement    to    be    filed    with    register 

of^  deeds  when  property  taken  away,  258 
— Waiver  of  lien  by  special  contract.  .  263 
Railroad  work — 

-Bond  to  be  filed  in  each  county.  .  .  .  431 
—Bond    to    be    taken    from    contractor 

for  protection   of  laborers,   etc 431 

—Railroad  liable  when  bond  not  taken,  431 
— Suit  on  bond,   by  whom  brought.  .  .  432 
LIGHTNING  BODS — 

Lien  not  to  attach  for  erection  or  con- 
struction      281 

LIGHTS— 

See  Safety  Lamps;  Switch  Lights, 

etc. 
LIMITATION   OF  ACTIONS — 

See  Damages;  Death;  Department 
of    Labor     and     Industry;     In- 
i          dufitrial     Welfare     Commission; 
Liens  for   Labor;   Mine   Inspec- 
tor;    Industrial     Welfare    Com- 
///(.V.M'OH;      Wages;      Workmen's 
Compensation  Act. 
LINCOLN'S   BIRTHDAY— 

Legal   holiday    231 

LOADERS — 

See  Weighing  of  Coal  at  Mines. 
LONG-WALL   SYSTEM— 

See  Shots.  &hot-firers,  etc. 
MANHOLES  IN  MINES— 

Number    and    places    at    which    to    be 

provided     335 

Penalty  for  failure  to  comply  with  pro- 
visions   of    act     340 

Places  of  refuge 335 

Provided   on    roads    on   which   persons 

travel  underground,   etc 349 

MAM  FACTURING  ESTABLISHMENTS— 
Action  for  damaeres.  etc. — 
— Absence    of     safeguards,     etc.,     con- 
tributing to   death   or   injury 289 

— Action  by  personal  representative  of 

deceased     289 

— Place   of    bringing    action 289 

— Proof    of    failure    to    provide    safe- 

euards      290 

— Sufficient   proof  of   cause  of    injury, 

etc 290 

Belt-shifters,   etc.,  to  be  supplied 288 

Cement    works   included    in    provisions 

of    act    291 

Doors  to  open  outward  and  not  to  be 

fastened  during  working  hours.  .  .  .  285 
Duty  of  owner  or  operator  to  furnish 

safety   appliances    288 

Elevators  to  be  inclosed,   etc 285 

Fire-escapes,  number  and  construction,  287 
Hand-rails    to    be    provided    in    stair- 

ways     285 

Hoisting-shafts  to  be  inclosed,  etc 285 

Machine  and  repair  shops  included  in 

provisions  of   act    291 

"Manufacturing      establishments,"      as 
used    in   this   act,    defined 291 


M.AV.-KA.  -TI-HX,:     KSTABLISHMENTS— COnt 

Mills  of  every  kind  included  in  provi- 
sions of  act  .  ., 291 

Oil  refineries  included  in  provisions  of 

act    291 

''Person,"   as  used  in  act,  defined..       292 
bafety    appliances    and    safeguards    re- 
quired               288 

Smelters  included  in  provisions  of 'act,  291 

Stairs   to   be   properly   secured 285 

\\ell-holes  to  be  inclosed,  etc 285 

See,   also,   Fire  Protection;   Work- 
men's Compensation  Act. 
MAP   OR   PLAN   OF  MINE— 

Abandonment  of  coal  mine  to  be  re- 
ported to  inspector  331 

Copy  of  map  furnished  to  inspector.  . .  331 
Copy    of    map    kept    in    office    of    coal 

mine     331 

Cost    of    map    caused    to    be    made   by 

inspector      331 

Inspector  to  have  map  made  if  none 
furnished  or  map  furnished  is  ma- 
terially inaccurate  331 

Owner,  agent  or  operator  to  cause 
map  or  plan  of  workings  to  be 

made    33^ 

Penalty  for  failure  to  comply  with  act,  340 
Plan    of    progress    of    workings    to    be 

made   annually    331 

Scale   of  map    '.  .  \  '  331 

MARSHALS— 

See  Officers. 
MASTERS— 

See  Apprentices. 
MECHANICS'  LIENS— 

See  Liens  for  Labor. 
MEMORIAL  DAY — 

Legal  holiday    228 

MILITIA— 

Attendance    of    drill,     annual    muster, 

etc.,   by  employee    .'  293 

Employer  refusing  permission  to  em- 
ployee to  attend  drill,  etc 293 

Penalty    for    employer    discharging    or 

punishing  employee  for  absence.  .  .  .'  293 
MILLS— 

See      Accidents;      Manufacturing 

Establishments. 
MINE  EXAMINING  BOARD — 

See  Examining  Board  for  Miners. 
MINE  INSPECTOR— 

Abandonment   of   mine   to   be   reported 

to    inspector    331 

Accidents — 

— Applicability     of     accident-reporting 

act 14 

— Attendance  of   witnesses 339 

— Costs   of   investigation 339 

— Duty  of   inspector  to  investigate.  .  .  339 
— Investigation      by      inspector      when 

coroner  does  not  investigate 339 

— Notice  to  coroner  when  any  person 

killed     339 

— Notice  to   mine   inspector  when   loss 

of  life  or  serious  accident  results.  .  .  339 
Action    to    enjoin    inspector    from    en- 
forcing  order    356 

Annual  report,  matters  contained  in.  .  338 
Appointment    of    deputy    mine    inspec- 
tors,  five 166 

Approval     of     escape-shafts      in     coal 

mines      313 

Approval  of  rules  for  use  of  dynamite, 
etc 308 


243 


INDEX. 


MINE  INSPECTOR — continued:  section 

Authority  in  enforcing  bath-house  act,  299 

Blanks  to  be  furnished  for  reports  of 
coal  operators,  etc 354 

Child  labor,  duty  to  inspect  work  per- 
mits and  examine  children  employed,  77 

Coal  dust,  etc.,  duty  to  enforce  pre- 
ventive measures  against  accumu- 
lation, etc 382 

Coal  operators,  etc.,  to  make  quar- 
terly report  to  inspector 354 

Combustible  matter  in  mines,  duty  to 
enforce  preventive  measures 382 

Commissioner  of  labor  and  industry 
ex  officio  inspector  165 

Complaint  when  child-labor  law  vio- 
lated    77 

Complaint  when  escape-shafts  not  con- 
structed in  coal  mines 315 

Copy  of  map  or  plan  of  working  to  be 
furnished  to  inspector 331 

Deputies   to    give    bond 170 

Deputies  to  inspect  work  permits  and 
examine  children  employed 77 

Duties  of   inspector    35 

Examination  of  mines    338 

Injunction,   when  granted    356 

Inspection  of  weights,  measures,  and 
scales  at  coal  mines. — See  Weighing 
of  Coal  at  Mines. 

Inspector,  person  interested  in  coal 
mine  not  to  be  appointed 166 

Mining-boss  to  measure  air  current 
and  report  to  inspector 335 

Notify  owners,  etc.,  of  violation  of 
law,  and  penalty  imposed 356 

Number  of  men  in  coal  mine  before 
second  escape-shaft  constructed.  ...  332 

Order  owner,  etc.,  to  put  mine  in 
safe  condition  356 

Permission  of  inspector  to  resume 
work  in  mine  356 

Printed  copies  of  health-and-safety  act 
to  be  furnished 357 

Proceedings  instituted  when  notice  dis- 
regarded   356 

Quarterly  statements  to  be  made  by 
coal  operators  338 

Record  of  examinations  of  mines 338 

Report  to  inspector  concerning  steam 
boilers  at  mines  333 

Reports  of  coal  operators,  etc.,  mat- 
ters to  be  reported 354 

Right  to  enter  any  coal  mine 356 

Salaries  of  clerk,  and  stenographer  in 
mining  department  168 

Salary  of  deputy  mine  inspectors.  .  .  .  168 

Service  of  notice  on  inspector 356 

Supervision  of  act  concerning  bath- 
houses at  coal  mines  299 

Suspension  of  work  in  mine,  penalty 
for  failure  to  obey  order  of  inspec- 
tor   356 

Traveling    expenses    .  .  . , lob 

See,    also,    Department    of    Labor 

and  Industry. 
MINE-RESCUE  WORK— 

Accommodations  for  officers  and  em- 
ployees in  buildings  364 

Approval  of  plans,  etc.,  by  committee,  363 

Assistant  commissioner  of  labor  and 
industry  ex  officio  superintendent  of 
mine-rescue  station  366 

Assistant  commissioner  of  labor  and 
industry  member  of  mine-rescue 
committee  362 

Assistant  superintendents  to  be  ap- 
pointed by  commissioner  of  labor 
and  industry  366 


MINE-RESCUE  WORK — continued  :  section 

Assistant  superintendent  to  train 
miners  in  mine  rescue  and  first-aid 
work  368 

Assistants  to  have  charge  of  station 
and  substations  366 

Assistants  to  report  weekly  to  superin- 
tendent   367 

Building  for  housing  mine-rescue 
work  370 

Commissioner  of  labor  and  industry 
member  of  mine-rescue  committee.  .  362 

Duties  of  superintendent  and  assist- 
ant superintendent  369 

Duty  of  assistants    367 

Erection  or  remodeling  of  buildings.  .  362 

Examination  of  assistants  before  ap- 
pointment   366 

Examining    committee    366 

Governor  member  of  mine-rescue  com- 
mittee   362 

Mine-rescue  station  committee,  mem- 
bers   362 

Plans  and  specifications  for  buildings,  363 

Purchase  of  additional  apparatus  and 
equipment  for  mine-rescue  work...  370 

Purchase  of  location  for  mine-rescue 
station  362 

Purchase  of  necessary  mine-rescue  and 
first-aid  equipment  and  appliances.  .  365 

Purpose  of  mine- rescue  station 369 

Rescue  of  men  from  mine  when  noti- 
fied of  explosion  or  accident 367 

Room  for  assistant  in  charge  of  mine 
inspection  364 

Room  for  mine-rescue  library,  labora- 
tory, and  class  rooms 364 

Space  for  equipment  belonging  to,  or 
provided  by,  United  States  govern- 
ment   364 

State   architect  to   assist  committee...  363 

State  architect  to  superintend  erec- 
tion of  buildings  363 

Substations      : 362 

Superintendent  of  stations  to  super- 
vise work  of  stations 367 

Training    of    children    in    public    and 

high   schools    368 

MINERS'  CHECK  NUMBERS — 

Fraudulent  use  of  numbers  prohibited,  329 

Penaltv  for  violation  of  provisions  of 
act  " 330 

Unlawful  to  change,  exchange,  substi- 
tute, alter  or  remove 329 

Unlawful     to     place     number     on     car 

with    intent    to    defraud 329 

MINES— 

Accidents— 

— Applicability  of  accident-reporting 
act  14 

— Attendance  of   witnesses    3; 

— Costs  of   investigation    339 

— Duty  of   inspector  to   investigate...  339 

— Investigation  by  inspector  when 
coroner  does  not  investigate 339 

— Notice  to  coroner  when  any  person 
killed  339 

— Notice  to  mine  inspector  when  loss 
of  life  or  serious  accident  results.  .  339 

Age  certificate  for  child  over  sixteen 
years  of  age  68 

Child  under  sixteen  not  to  be  em- 
ployed    68 

Coal  Mines. — See  Coal  Mines. 

Examination  of  coal  miners. — See  Ex- 
amining Board  for  Miners. 

Hours  of  labor  in  lead  and  zinc 
mines  360,  361 


INDEX. 


MINTS — continued  .•  section 

Mine-rescue  work.  —  See  Mine-rescue 
Work. 

Workmen's  compensation  act,  all  mines 

within  provisions    563 

MINING-BOSS— 

Duty  to  call  attention  to  provisions  of 
health-and-safety  act  357 

Employment  of  inside  overseer  in  coal 

mine,    called   mining-boss 335 

Examination  and  certification. —  See 
Examining  Board  for  Miners. 

Measure  air  current  and  report  to-  in- 
spector   335 

Penalty  for  failure  to  comply  with  pro- 
visions of  act 340 

MINORS — 

Apprentices.— j-See    Apprentices. 

Period  of  minority  in  males  and  fe- 
males    84 

Wages,  payment  to  minor 85 

See,       also,      Industrial      Welfare 

Commission. 
MISDEMEANORS— 

Concurrent  jurisdiction  of  district 
court  and  justice  of  the  peace 400 

Jurisdiction  of  justice  of  the  peace.  .  .  400 

Limit     of    fine     and    imprisonment    in 

justice    court     400 

MO  US- 
See  Unlawful  Assemblies. 
MOTHER'S  AID — 

Act  not  to  repeal  other  acts  relating 
to  poor  402 

Affidavits  of  disinterested  household- 
ers   401 

Amount  of   aid 401 

Application  of  mother  for   aid 401 

Attorney  not  to  receive  fee  for  pro- 
ceedings   402 

Board  of  county  commissioners  to 
have  jurisdiction  of  all  cases  under 
act 403 

Certified  copy  of  findings  and  order 
filed  with  county  clerk 402 

County  clerk  to  draw  warrant  each 
month  402 

County  treasurer  to  pay  warrants  out 
of  general  revenue  fund 402 

Duplicate    receipts    402 

Duty  of  county  commissioners  to  pay 
allowance  or  pension 401 

Investigation  and  report  by  three 
reputable  women  401 

Order  determining  facts  and  fixing 
amount  401 

Payment  to  mother  for  child  or  chil- 
dren"   401 

Persons  to  whom  county  commission- 
ers may  pay  allowance  or  pension.  .  401 

Repeal    of    former    act 404 

Supplies  may  be  given  instead  of 
money  401 

Temporary  increase  or  decrease  of  pay- 
ments   401 

Warrants  delivered  to  persons  desig- 
nated   402 

MOTORMAN— 

Inclosed  vestibule  required  for  motor- 
man,  etc.,  during  certain  months.  .  .  504 

Seat  to  be  provided  for  use  of  motor- 
man  504 

Toilet  facilities  to  be  provided  for  em- 
ployees and  passengers 505 

Use  of  seat  by  motorman 504 


407 


MOTORMAN* — continued  :  section 

Violation  of  act,  penalty 506 

See,     also,     Street    Railways    and 

Interurban  Lines. 
NEGLIGENCE— 

See    Damages;     Workmen's    Com- 
pensation Act. 
NIGHT  SCHOOLS— 

Act  not  to   affect  law  relating  to  day 

schools    406 

Attendance   not   compulsory 40C 

Courses  of   study 408 

Equipment  same  as  used  in  day  school 

to   be    furnished :  •  408 

Free  public  night  school  may  be  main- 
tained by  school  board  or  board  of 

education     405 

Government   of    such   schools 406 

Payment    of    cost    of    establishing    and 

maintaining      406 

Persons  eligible  to  attend 40o 

Petition    by    parents,     etc.,     board     to 

establish    and    maintain   school.  .  .  .  .  40o 
Qualifications     of     teachers,     teacher  s 

certificate     409 

Repeal  of  acts  in  conflict 41U 

Rules    and    regulations 408 

Sessions    of    school,    when    and    where 

Teachers,  board  to  hire  one  or  more.  .  409 
Teacher's    salary    calculated    on    num- 
ber of  hours  actually  spent  in  teach- 

ing      •  4uy 

Term    of    school,     commencement    and 

continuance      

NONRESIDENTS — 
See  Officers. 

NOXIOt'S  GASES— 

See  Ventilation  of  Coal  Mines. 

OFFICERS — 

Duty  of  state,  county,  township,  and 
city  officers  to  furnish  information 
to  commissioner  of  labor  and  in- 
dustry  176 

Importing  or  personating— 

— Governor  may  apomt  nonresident  to 
serve  warrant  issued  on  requisition,  414 

— Nonresidents  not  to  be  appointed 
special  deputies,  marshals,  or  poll  e" 

— Penalty  for  exercising  functions  of 
officer  without  authority  ...  ..  .  ...  413 

Penalty   for   person   holding   himself 

out   as   deputy   sheriff,   etc.,   without 
authority      • :  •.••  4 

Penalty    for    violation    of    provision 

concerning    importation    of    private 
detectives     •  •  ; .•  414 

—Person,  officer,  etc.,  employing  P«- 
vate  detectives  guilty  of  felony.  ...  414 

Separate    and    distinct    offense    each 

day    private    armed    detective    forces 
employed    1 '  '  V 

— Unlawful  to  import  person,  etc.,  fc 
purpose    of    discharging    duties    de" 
volving  on  sheriffs,  etc..  . .  .  .  ••••••  412 

Unlawful  assemblies,  duties  of  officers. 
— See  Unlawful  Assemblies. 

Vagrancy,   duties  of   officers. — See  T 

ffr See1'  also,  County  Attorneys;  Fire 
Protection;    Prosecuting    Attor- 
neys; Public  Work. 
OIL  AND  GAS  LEASEHOLD— 
See  Liens  for  Labor. 


245 


INDEX. 


section 
OLD  SOLDIERS'  PREFERENCE  LAW — 

Age    and    qualifications    of    ex-soldiers 

and   sailors    415 

Civil-service  act  not  to  limit  or  repeal 

preference  law    113 

Employment  of  persons  who  served  in 

army   and   navy    415 

Officer    or   board    failing   to    obey   pro- 
visions  of   act,   penalties 416 

Penalty  for  violation   of   provisions  of 

act    418 

Preference   to   appointment   or  employ- 
ment in   public  departments 415 

Preference    to    employment    on    public 
works     of     state,     county,     city,     or 

town     415 

Soldiers  and   sailors  to  be  retained  in 

making  reduction  of  force 417 

Widows   and  orphans   of   deceased  sol- 
diers  and   sailors   to  be   retained   in 

making  reduction   of  force 417 

OPENINGS  IN  COAL  MINES — 

Construction    of    openings 332 

Number  of  persons  permitted  to  work 

until   openings   constructed 332 

Penalty    for    failure    to    comply    with 

provisions   of   act    34C 

Regulations  concerning  openings 332 

See,    also,    Escape-shafts    in    Coal 

Mines, 
ORDERS  FOR  MERCHANDISE— 

See  Wages. 
OVERHEAD  STRUCTURES— - 

Attorney-general     to     bring     action     to 

enjoin   on  complaint  of  any  citizen,  43 < 
Clearance  required  of   structures  over 

railroad  tracks    433 

Unlawful  to  erect  over  railroad  tracks, 

without   proper   clearance 43 

See,   also,  Railroads. 
PAINTING— 

See  Construction  Work. 
PAROLED  AND  DISCHARGED 
PRISONERS— 

Exposing  or  threatening  to   expose,   to 
prevent  from  obtaining  employment, 

etc 

Extorting  money,   etc.,  by  exposing  or 

threatening  to  expose,  etc 41 

Penalty  for  violation  of  act 43 

Violation  of   act  a  misdemeanor 41 

PASSENGERS  ON  FREIGHT  TBADJS — 
See  Railroads. 

PASSES— 

See    Free    Passes,    etc.,    on   Soil- 
roads. 
PEACE   OFFICERS— 

See  Officers. 
PENITENTIARY — 

See  Convict  Labor. 
PENSIONS — 

See  Mother's  Aid. 
PERSONAL  EARNINGS — 

See  Wages. 
PERSONAL  INJURIES— 

See   Accidents;    Damages;    Work- 
men's Compensation  Act. 

PICTURE  SHOWS- 
See  Fire  Protection. 
PILOT  FOR  DETOURED  TRAINS— 

Penalty  for  violation  of  act 4 

Pilot    to    be   furnished   for    trams    de- 
toured  over   other   railroad 4 


Qualifications  of   pilot 


UMBERS,  EXAMINATION  AND  section 

CERTIFICATION — 

Applicants  compelled  to  pass  an  exami- 
nation  as  to   qualifications 421 

Application   made  to  board   Avhere   ap- 
plicant resides  or  nearest  board ....  425 
Application  to  board  of  examiners.  .  .  .  421 
Appointment   of    plumber    members    of 

board     422 

Board  in  every  city  of  7,000  or  more,  422 
Certificate  required  for  master  plumber, 
employing    plumber,    or    journeyman 

plumber      420 

Certificate   valid    throughout   the   state,  423 
Chairman  of  board  of  health  ex  officio 

chairman  of  board  of  examiners.  .  .  422 
Cities    to    pass    ordinances    prescribing 
rules    and   regulations   for   plumbing 

work,   etc 424 

Cities  to  which   act   shall  app.ly 420 

Disposition  of  fees  collected 423 

Examination,  what  it  shall  cover 423 

Fees   for    issuance   of   certificates 423 

Issuance  of  certificate 423 

Members  of  board,  term  of  office,  com- 
pensation      422 

Nature  of   examination    421 

Penalty   for   violation   of   provisions  of 

act      ..426 

Permit    to    be    required    before    doing 

any  plumbing  work . 424 

Times    and   places    for    examination    of 

applicants,  board  to  designate 423 

LUMBING  WORK— 

See    Plumbers,    Examination    and 

Certification. 
POLICEMEN — 

See  Officers. 
POLITICAL  CAMPAIGN — 

Unlawful  for  officer,   employee,   or  ap- 
pointee  in   classified  civil  service  to 

participate     HI 

POLL  TAX— 

Act  not  applicable  to  residents  of  cer- 
tain cities    427 

Amount  of  tax    427 

Collection  of  delinquent  taxes 427 

Duty  of  officers  to  give  notice 427 

Payment   of  tax   in  labor 427 

Penalty  for  failure  to  pay  tax 427 

Persons  required   to  pay  poll  tax.  .  .  .  427 

Tax  warrants    427 

Time  for  payment  of  tax 427 

Use  of   money  received 427 

Volunteer     fire     department,     members 
may  be  exempted    427 

POOR— 

See  Mother's  Aid. 
PRISONERS— 

See  Convict  Labor;   County   Pris- 
oners; Paroled  and  Discharged 
Prisoners. 
PRIVATE  DETECTIVES — 

Governor   may    appoint   nonresident   to 

serve  warrant  issued  on  requisition,  4 
Nonresidents      not     to     be      appointed 
special  deputies,   marshals  or  pohc< 

men    •  411 

Penalty     for     exercising    functions     of 

officer    without    authority • 

Penalty     for     person     holding     himselt 
out    as   deputy    sheriff,    etc.,    without 
4  authority     4] 


246 


INDEX. 


PBIVATE   DKTECTVES — continued:          section 

Penalty  for  violation  of  provision  con- 
cerning importation  of  private  de- 
tectives   414 

Person,  officer,  etc.,  employing  private 
detectives  guilty  of  felony 414 

Separate  and  distinct  offense  each  day 
private  armed  detective  forces  em- 
ployed   414 

Unlawful  to  import  person,  etc.,  for 
discharging  duties  devolving  on 

sheriffs,    etc 412 

PROP  TIMBER— 

Kept  in  easy  access 335 

Mine   to    he    supplied 335 

Penalty  for  failure  to  comply  with  pro- 
visions of  act 340 

PROSE(TTI>G   ATTORNEYS— 

Prosecution  of  persons  failing  to  com- 
ply with  act  concerning  scales  at 

mines    399 

See,   also,   County  Attorneys. 
PUBLIC  EXHIBITIONS — 

See  Child  Labor. 
PUBLIC  HALLS,  ETC. — 

See  Fire  Protection. 
PUBLIC  OFFICERS— 

See  Officers. 
PUBLIC  WORK— 

Accidents — 

— Accidents  to  be  reported 11 

— Annual  report  of  factory  inspector, 
report  of  accidents 12 

— Duty  of  factory  inspector  to  make 
investigation  and  recommendations,  11 

— Failure  to  send  notices  and  state- 
ments required,  penalty 13 

— Inquest,  attendance  by  inspector  or 
deputy  11 

— Penalty  for  failure  to  report  acci- 
dents    13 

— Statement  not  competent  evidence.  .     11 

— Statement  to  be  sent  to  state  factory 
inspector  11 

Bond  to  secure  payment  of  claims — 

— Amount  and  conditions  of  bond 
taken  by  public  officer 283 

— Approval  of  bond  taken  by  public 
officer  284 

— Claimant  for  labor,  etc.,  may  sue  on 
bond  taken  by  public  officer 284 

— Contract  relating  to  public  improve- 
ments in  sum  exceeding  $100 283 

— Filing  of  bond  taken  by  public  of- 
ficer   284 

— Liens  discharged,  others  not  to  at- 
tach, when  bond  taken  by  public 
officer  284 

— Limitation  of  actions  on  bond  taken 
by  public  officer 284 

— Public  officer  to  take  bond  from  con- 
tractor   282 

Eight-hour  day — 

— Contractor  not  to  require  or  per- 
mit more  than  eight  hours'  work.  .  .  429 

— Contracts  deemed  made  on  basis  of 
eisht  hours  constituting  day's  work,  429 

— Eight  hours  constitute  a  day's  work 
for  laborers,  workmen,  etc 428 

— Employees  of  contractors  and  sub- 
contractors deemed  employed  on 
public  work  428 

— Exception  in  cases  of  extraordinary 
emergency  428,  429 

— Light  and  water  plants  in  cities  of 
second  and  third  classes  exempted.  .  428 


PUBLIC  WORK — continued  :  section 

— Payment  of  wages  on  basis  of  eight- 
hour  day  428 

— Penalty  for  violation  of  act  by  pub- 
lic officer,  contractor,  etc 430 

— Wages    not    less    than    current    per 

diem  wages  in  the  locality 428 

See,   also,   Convict  Labor;   County 
Prisoners;    Old    Soldiers'    Pref- 
erence Law. 
QUARRY— 

Child  under  sixteen  not  to  be  employed,     68 
See,    also,    Workmen's    Compensa- 
tion Act. 
RAILROAD  EMPLOYEES — 

See    Damages;    Hours    of    Labor; 
Railroads;   Workmen's  Compen- 
sation Act. 
RAILROADS— 

Accidents — 

— Accidents  to  be  reported 11 

— Annual  report  of  factory  inspector, 
report  of  accidents 12 

— Duty  of  factory  inspector  to  make 
investigation  and  recommendations,  11 

— Failure  to  send  notices  and  state- 
ments required,  penalty 13 

— Inquest,  attendance  by  inspector  or 
deputy  11 

— Investigation  by  public  utilities  com- 
mission in  connection  with  labor  de- 
partment.— See  note  to  ch.  36. 

— Notice  to  be  sent  to  public  utilities 
commission. — See  note  to  ch.  36. 

— Penalty  for  failure  to  report  acci- 
dents    13 

— Public  utilities  commission,  duty  to 
report  to. — See  note  to  ch.  36. 

— Statement  not  competent  evidence.  .     11 

— Statement  to  be  sent  to  state  factory 
inspector  11 

Bond  from  contractor — 

— Bond  to  be  filed  in  each  county.  ...  431 

— Bond  to  be  taken  for  protection  of 
laborers,  etc 431 

— Railroad  liable  when  bond  not  taken,  431 

— Suit  on  bond,  by  whom  brought.  .  .  431 

Cabooses,  size  and  construction. — See 
"Way  Cars  or  Cabooses,"  under  this 
heading. 

Clearance  of  overhead  structures 433 

Crossings,  signals — 

— Approval    of    signals 461 

— Interlocking   or    automatic   signals.  .  467 

— Permission  to  install  system  of  sig- 
nals, etc 467 

— Trains  pass  over  crossings  without 
stopping 467 

Damages  caused  from  neglect,"  liability 
of  company  438 

Damages. — See  Damages. 

Destroying  railroad  property — 

— Aiding  or  abetting  in  commission  of 
offenses  named,  punishment 442 

— Embankment  of  railroad,  punish- 
ment for  injuring,  etc ,  .  .  440 

— Liability  of  person  committing  acts, 
to  railroad  company  or  to  persons 
injured  442 

— Locomotive,  car,  etc.,  in  use,  pun- 
ishment for  injuring,  etc 441 

— Obstructions  on  track,  punishment 
for  placing  439 

— Obstructions  on  track,  punishment 
when  death  occasioned  by  act 439 

— Rails,  sills,  cross-ties,  etc.,  punish- 
ment for  injuring,  etc 440 


247 


INDEX. 


RAILROADS — continued  :  section 

— Tracks,  bridges,  etc.,  punishment  for 
destroying  or  injuring 439 

— Water  station,  etc.,  punishment  for 
injuring,  etc 441 

Detoured  trains,  pilot  to  be  furnished 
for  477 

Employees,  injury  or  death. — See  Dam- 
ages. 

Flagman— 

— Accident  occurring  by  failure,  re- 
fusal or  neglect  of  'flagman,  etc., 
punishment  446 

— 'Flagman  to  be  stationed  regardless 
of  automatic  signals,  etc 444 

— Penalty  for  failure  of  flagman,  etc., 
to  perform  duty 446 

— Penalty  for  violation  of  act 445 

— Stationed  to  protect  trains,  etc., 
obstructing  main  tracks 443 

— Street  railway  crossing  railway 
tracks  482 

— Visible  and  audible  signals,  flagman 
to  have  444 

Free  passes,  etc. — See  Free  Passes, 
etc.,  on  Railroads. 

Frogs,  switches  and  guard-rails — 

— Accidental  injury  to  be  guarded 
against  by  filling,  blocking  and 
guarding  455 

— Liability  of  company  to  person  in- 
jured   456 

— Penalty  for  violation  of  act 456 

— Separate  offense  each  thirty  days 
act  not  complied  with 456 

Headlights  on  locomotives — 

— Act  not  to  apply  to  certain  engines,  457 

— Conditions  under  which  visibility 
measured  .  . '. 457 

— Locomotive  engines  to  be  equipped 
with  headlights  457 

— Operation  of  engines  for  part  of  day 
in  violation  of  act,  complete  misde- 
meanor   458 

— Penalty  for  violation  of  act 458 

— Power   of  headlight   required 457 

Hoars  of  labor — 

— Act  not  applicable  to  employees  of 
sleeping-car  companies,  etc 459 

— Actions  brought  against  company 
violating  act  by  attorney-general  or 
prosecuting  attorney  of  county.  ...  460 

— Baggagemen  and  express  messengers 
not  subject  to  act  459 

— Cases  in  which  act  shall  not  apply,  459 

— Complaint  to  commissioner  of  labor,  460 

— Complaint  to  be  filed  by  commis- 
sioner of  labor 460 

— Eight  hours'   rest  required 459 

— Federal  act. — See  note  to  ch.  36, 
art.  10. 

— Investigation  by  commissioner  of 
labor  460 

— Penalty  for  violation  of  act 460 

— Sixteen  consecutive  hours  on  duty 
by  persons  named  459 

Injury  or  death  of  employees.— See 
Damages. 

Interurban  lines.  —  See  Street  Rail- 
ways and  Interurban  Lines. 

Journal  brass — 

— Employees  may  remove  journal 
brass  in  performance  of  duty 468 

— 'Unlawful  to  remove  from  engine, 
car,  motor,  etc 468 

— Violation  of  act  a  felony,  punish- 
ment    469 


RAILROADS — continued  :  section 

Lights  controlling  trains. — See  "Switch 
Lights,  etc.,"  under  this  heading. 

Neglect,   damages  caused  from 438 

Negligence. — See  Damages. 

Obstructing  operation,  etc. — 

— Act  not  applicable  to  persons  quit- 
ting employment  except  as  specified,  473 

— Combining  or  conspiring  to  impede 
operation  and  conduct  of  business.  .  472 

— Combining  or  conspiring  to  impede 
regular  running  of  trains 472 

— Engineer  abandoning  locomotive  in 
furtherance  of  combination,  etc., 

Penalty     470 
mpeding    or    obstructing    operation 
or   conduct  of  business    471 

— Impeding  or  obstructing  regular 
running  of  trains  471 

— Intimidation,  etc.,  to  obstruct  opera- 
tion, penalty  471 

Obstructions  on  track,  punishment 
when  death  occasioned  by  acts.  .  .  .  439 

Overhead  structures — 

— Attorney-general  to  bring  action  to 
enjoin,  on  complaint  of  any  citizen,  434 

— Clearance  required  of  structures 
over  tracks  433 

— Unlawful  to  erect  structures  over 
tracks,  without  proper  clearance.  .  .  433 

Passengers  on  freight  trains — 

— Act  not  applicable  to  certain  trains 
loaded  with  livestock  474 

— Caboose  need  not  be  stopped  at  de- 
pot   474 

— Company  liable  only  for  gross  neg- 
ligence   474 

— Officer  or  employee  of  company  vio- 
lating act,  guilty  of  misdemeanor.  .  475 

— Penalty  for  violation  of  act 475 

— Repeal  of  Laws  of  1907,  ch.  274.  .  476 

— Stopping  to  receive  or  discharge 
passengers  474 

— Trains  to  which  caboose  attached 
obliged  to  transport  passengers.  .  .  .  474 

— Transportation  of  children    474 

Passes. — See  Free  Passes,  etc.,  on 
Railroads. 

Pilot  for  detoured  trains — 

— Penalty  for  violation  of  act 478 

— Pilot  to  be  furnished  for  trains  de- 
toured  over  other  railroad 477 

— Qualifications  of  pilot    477 

Shelter  for  laborers — 

— Division  points  where  shops  main- 
tained, sheds  required  479 

— Penalty  for  failure  to  comply  with 
requirements  of  act 480 

— Temporary  repairs  at  other  points 
than  division  points 479 

— Unlawful  to  build  or  repair  equip- 
ment without  sheds  479 

Street  railway   across   tracks — 

— Crossing  of  tracks  by  cars  operated 
by  overhead  wires  481 

— Flagman  at  crossing,  cars  not  re- 
quired to  stop  482 

— Height  of  wires  over  top  of  railroad 
track  481 

— Place  of  making  stop  by  street  cars,  482 

— Street  cars  to  be  brought  to  full 
stop  before  crossing  482 

Switch  lights,  etc. — 

— Act  not  to  apply  in  certain  cases.  .  483 

— Automatic  block  signals  answering 
purpose  of  switch  lights 483 


248 


INDEX. 


RAILROADS — continued  .  section 

— Equipped     and     maintained    on     all 

main-line    switch    stands 483 

— Lights  controlling  movement  of 
trains  to  be  kept  burning  from  sun- 
Get  to  sunrise  483 

— Manipulating  or  tampering  with 
switch  stand,  target,  lights,  etc....  485 

— Penalty  for  violation  of  act 484 

— Punishment  for  manipulating  lights, 

etc.,   to  mislead  train  crews 485 

— Unlawful     act     resulting     in     death, 

felony,    punishment    485 

Way  cars  or  cabooses — 
— Act    not    applicable    to    passenger   or 
combination   passenger   and  baggage 

cars    487 

— Corporations    and   persons   to   which 

act  shall  apply    486 

— Specifications  for  way  cars  or  ca- 
booses for  use  in  Kansas 487 

Wires  crossing  tracks — 
— Complaint    to    public    utilities    com- 
mission      490 

— Duty  of  public   utilities   commission,  489 
— Interference     with     wires     of     other 

utility     ., 489 

— Investigation      by      public      utilities 

commission     490 

— Minimum  height  of  wires  from  tops 

of   rails    489 

— Order  by  public  utilities  commis- 
sion for  placing  of  wires,  etc 490 

— Repeal   of   former    act 491 

— Stringing  of  wires  which  cross  over 

or   under  tracks    489 

— Telegraph  and  telephone  wires,  rules 

for    stringing     489 

— Transmission     of     electricity,     rules 

for    stringing  of   wires   for 489 

— Trolley     wires,     etc.,     height     above 

track    481 

See,     also,     Street    Railways    and 
Interurban    Lines;     Workmen's 
Compensation  Act. 
REFORMATORY— 

See  Convict  Labor. 
REPAIRING— 

See    Construction    Work;    Shelter 

for  Laborers  on  Railroads. 
RESCUE  WORK— 

See  Mine-rescue  Work. 
RESIGNATION— 

See  Wages. 
RISK   OF  EMPLOYMENT— 

See    Damages;     Workmen's    Com- 
pensation Act. 
ROADS — 

See   Convict  Labor;   County  Pris- 
oners. 

ROOM-AND-PILLAR    PLAN    OF    OPERAT- 
ING MINES — 
Application  of  act  to  mines  already  in 

operation  under  single-entry  plan.  .  371 
Cross-cuts,  intervals  at  which  made.  .  371 
Double  entries  to  be  driven  parallel.  .  371 
Inspector  to  give  notice  to  owner,  etc., 

to  comply  with  provisions  of  act.  .  .  372 
Manner  of  prosecuting  work  in  mine,  371 
Owner,  etc.,  given  thirty  days  to  com- 
ply with  act    372 

Penalty  for  failure   of  owner,    etc.,    to 

comply  with  provisions  of   act 373 

Requirements    concerning    cross-cuts.  .  371 


ROOM-AXD-PlLLAR     PLAN    OF    OPERATING 

MINFS — continued:  section 

Separate    offense,    every    day    mine    so 

operated   after  first   conviction 373 

See,   also,  Break-throughs  in  Coal 
Mines;  Openings  in  Coal  Mines; 
Ventilation  of  Coal  Mines. 
SABBATH— 

See  Sunday  Labor. 
SAFEGUARDS— 

Continuing  dangerous  method  of  op- 
eration when  prohibited 174 

Duty  of  owner  to  comply  with  notice 
of  commissioner  and  notify  commis- 
sioner   174 

Employee.      etc.,      operating      machine 

without    safeguard,    penalty 174 

Failure  of  owner,  etc.,  to  comply  with 

notice,   etc.,   penalty 174 

Injurious    operation    of    machine,    etc., 

penalty     174 

Notice  to  owner,  etc.,  by  commis- 
sioner of  labor,  to  provide  safe- 
guards, etc 174 

Removal    for    repairs,    replaced    before 

operating  machine    174 

See,    also,    Department    of    Labor 
and    Industry ;     Manufacturing 
Establishments ;  Workmen's  Com- 
pensation Act. 
SAFETY  APPLIANCES — 
See  Safeguards. 
SAFETY-LAMPS— 

Furnished  by  owner  of  mine 335 

Penalty    for    failure    to    comply    with 

provisions   of    act 340 

Property  of  owner  of   mine 335 

SAILORS— 

See  Old  Soldiers'  Preference  Law. 

SALARIES — 

See  Department  of  Labor  and  In- 
dustry. 
SALT   MINES— 

See  Accidents;  Department  of 
Labor  and  Industry;  Mines; 
Workmen's  Compensation  Act. 

SANITARY  CONDITIONS— 

See    Industrial    Welfare    Commis- 
sion. 
SCAFFOLDING — 

See  Construction   Work. 
SCHOOLS — 

See   Child   Labor;   Night   School*. 

SCRIP — 

See  Wages. 

SEATS — 

Employers  of  women  or  girls  to  fur- 
nish    65 

Penalty  for  failure  to  comply  with  act,     66 
Penalty  for  failure  to  comply  with  act 

concerning    motorman    506 

Seat  to  be  provided  for  use  of  motor- 
man on  street  railway  or  interurban 

line     504 

Use     of     seat     by     motorman     under 

reasonable    restrictions     504 

SECRETARY  OF  MINE  INDUSTRIES— 

See  Department  of  Labor  and  In- 
dustry. 

SHELTER  FOR   LABORERS   ON 
RAILROADS — 

Division  points  where  shops  main- 
tained, sheds  required 479 


249 


INDEX. 


SHELTER  FOR  LABORERS  ON  RAILROADS 

— continued:                                         section 
Penalty  for  failure  to  comply  with  re- 
quirements   of    act 480 

Temporary     repairs     at     other     points 

than    division    points 479 

Unlawful  to  build  or  repair  equipment 

without  sheds    479 

SHERIFFS— 

See  Officers. 
SHOT-FIRERS— 

See  Shots,  Shot-firers,  etc. 
SHOTS,  SHOT-FIRERS,  ETC.— 

Coal-drillings  not  to  be  used  for  tamp- 
ing shots  384 

Coal  dust  accumulated  so  as  to  make 
it  dangerous,  unlawful  to  permit 
shots  to  be  fired 377 

Conditions  under  which  shots  may  be 
fired  374 

Drillings  to  be  removed  by  miner  from 
mouth  of  drill-hole  before  shot  fired,  384 

Employment  of  shot-firers  to  fire  all 
shots  374 

Examination  and  certification  of  shot- 
firers  before  being  employed 320 

Following    or   dependent   shots 378 

Hole   penetrating   solid   face 378 

Limit  of  amount  of  powder  to  be 
used  378 

Long-wall  system,  certain  provisions 
not  applicable  to  mines  so  operated,  379 

Long-wall  system,  shots  not  to  be  fired 
until  mine  vacated 379 

Mechanical  shot-firing  devices,  persons 
to  be  out  of  mine 374 

Mixed  powder,   unlawful  to  use 378 

Penalty  for  failure  to  comply  with  or 
for  violation  of  act 380 

Penalty  for  failure  to  comply  with  pro- 
visions concerning  drillings 385 

Regulations  concerning  preparing  and 
firing  of  shots 378 

Sections  of  former  act  repealed  by  this 
act  381 

Separate  offense,  each  day's  violation 
or  failure  to  comply 380 

Shot  in  body  of  coal,  etc.,  already 
loosened 378 

Shots  in  sinking  and  developing  mine,  374 

Shots  in  strip  mine 374 

Strip  mine,  certain  provisions  not  ap- 
plicable to  378 

Strip  mine,  unlawful  to  permit  firing 
when  person  close  enough  to  be  in- 
jured   375 

Tamping  or  stemming  of  shot-hole...    378 

Two  shot-firers  required  except  in 
strip  mines 376 

Unlawful  to  permit  shots  to  be  fired 
except  as  provided 374 

Unlawful    to   permit   shots   to   be   fired 

unless  two   shot-firers  in  mine 376 

SMALL  DEBTORS'  COURTS — 

Act  supplemental  to  existing  legisla- 
tion   503 

Appeal  by  defendant,  bond  or  deposit 
on  appeal  499 

Appeal  tried  in  district  court  without 
pleadings  49J 

Appointment  of  judge  of  such  court.  .  492 

Attorney  at  law,  etc.,  not  allowed  to 
be  concerned  in  litigation 50] 

Attorney's  fee  allowed  when  case  de- 
cided against  defendant  on  appeal,  499 

Bond  or  deposit  on  appeal 499 

Case  not  to  be  entertained  when  plain- 
tiff could  resort  to  other  courts.  .  .  .  502 


SMALL  DEBTORS'  COURTS — cont . .-         section 

Commencement    of    suit 497 

Costs  not  assessed  or  charged  to  either 

Party    497 

County   or    city    to    furnish    stationery, 

postage,  a  docket  and  a  telephone.  .  493 
Docket  entry  when  suit  commenced.  .  497 
Entry  of  judgment  by  clerk  of. district 

court     500 

Establishment  of  court  by  county  com- 
missioners or  city  officers 492 

Execution   on   judgment    issued   out  of 

district    court    500 

Form   of    appeal 499 

Form  of  certificate  for  certifying  judg- 
ment to  district  court 500 

Hearing   before   judge 497 

Inability     of     plaintiff     to     employ     a 

lawyer,    etc 496 

Judge     not     to     entertain     case     when 

plaintiff  could  resort  to  other  courts,  502 
Judge  of  such  court,  selection,  term 

of    office     493 

Judge  to  serve  without  pay 501 

Judgment   certified  to   district  court  if 

not   paid    500 

Judgment  conclusive  on  plaintiff 499 

Judgment   rendered 497 

Judgment    to    be    paid    by    defendant 

forthwith  or  on  terms  decreed 498 

Jurisdiction    of    court 495 

Jurisdiction  where  court  established  in 

county   and   also    in   city 495 

Need  for  establishment  of  court 492 

Place  where  judge  shall  hold  court .  .  .  494 
Plaintiff    must    appear    in    person    and 

state    cause    orally 497 

Plaintiff  to  make  showing  before  judge 

shall    entertain    suit 496 

Purpose  of  court 492 

Resolution  or  ordinance  for  establish- 
ment of  court 492 

Summoning   of   defendant 497 

Witnesses,  etc.,  judge  may  consult  in- 
formally, and  give  judgment 501 

SOCIETY   OF  LABOR — 

See  Department  of  Labor  and  In- 

diistry. 
SPECIAL  DEPUTIES — 

See  Officers. 
SPRINKLING    AIND    REMOVAL    OF    DUST, 
ETC.,   FROM   MINES — 
Duty  of  mine  boss,   etc.,    in  charge  of 
mine  where  coal  dust,   etc.,   accumu- 
late      382 

Mine  inspector  and  deputies  to  enforce 
preventive  measures  against  accu- 
mulation of  coal  dust,  etc 382 

Mine    to    be    sprinkled    or    saturated, 

etc 352 

Penalty  for  failure  to  sprinkle  or  re- 
move coal  dust,  etc 383 

Removal    of    coal    dust    where    imprac- 
ticable  to  overcome   by   sprinkling.  .  382 
Repeal    of    acts    in    conflict    with    this 

act    386 

Shots  not  to  be  fired  when  dust  accu- 
mulated so  as  to  make  it  dangerous,  377 
Sprinkling      of      air-courses,      entries, 

rooms,    etc 382 

STAGING— 

See  Construction   Work. 
STAIRWAYS — 

See    Coal    Mines;    Manufacturing 
Establishments. 


250 


INDEX. 


STAND-PIPE —  tection 

See  Fire  Protection. 
STATE   BARBER   BOARD — 

See  Barber  Board. 
STATE   FACTORY  INSPECTOR— 

See  Factory  Inspector. 
STATE   FAIR*  GROUNDS— 

Inmates     of     reformatory     detailed     to 

care  for  grounds    160 

STATE  MINE  INSPECTOR— 
See  Mine  Inspector. 
STATE  SECRETARY  OF  MINE 
INDUSTRIES — 

See  Department  of  Labor  and  In- 
dustry. 
STATE  SOCIETY   OF  LABOR— 

See  Department  of  Labor  and  In- 
dustry. 

STATE  SUPERINTENDENT  OF 
INSPECTION — 

See  Fire  Protection. 
STEAM  BOILERS  AT  MINES — 

Inspection   of    steam   boilers 333 

Penalty  for  failure  to  comply  with  pro- 
visions of  act    840 

Report     of     inspection     conveyed     to 

mine   inspector    333 

Steam  gauge,  water  gauge,  and  safety 

valve  to  be  provided  on  boiler 333 

STOOLS — 

Employers   of   women   or   girls   to   fur- 
nish         65 

Failure    of    employer    to    comply    with 

act,    penalty    66 

Penalty  for  failure  to  comply  with  act 

concerning    mptorman    506 

Seat  to  be  provided  for  use  of  motor- 
man  on  street  railway  or  interurban 

line     504 

Use   of   seat  by  motorman  under   rea- 
sonable   restrictions    504 

STREET  RAILWAYS  AND  INTERURBAN 
LINES— 
Accidents — 

— Accidents  to  be  reported 11 

— Annual  report  of  factory   inspector, 

report    of    accidents    12 

— Duty    of    factory    inspector   to   make 

investigation    and    recommendations,     11 
— Failure    to    send    notices    and    state- 
ments  required,    penalty    13 

— Inquest,   attendance  by  inspector  or 

deputy    11 

— Investigation  by  public  utilities  com- 
mission in  connection  with  labor  de- 
partment.— See  note  to  ch.  36. 
— Notice   to  be  sent  to  public  utilities 

commission. — See  note  to  ch.  36. 
— Penalty   for   failure   to    report   acci- 
dents          13 

— Public   utilities   commission,   duty  to 

report  to. — See  note  to  ch.  36. 
— Statement  not  competent  evidence.  .     11 
— Statement  to  be  sent  to  state  factory 

inspector    11 

Crossing  railroad  tracks — 

— Crossing  of  railroad  tracks  by  cars 

operated  by  overhead  wires 481 

— Flagman    at    crossing,    cars    not    re- 
quired  to   stop    482 

— Height  of  wires  over  top  of  railroad 

track    481 

— Place  of  making  stop  by  street  cars,  482 
— Street  cars  to  be  brought  to  full  stop 
before  crossing    482 


STREET  RAILWAYS  AND  INTERURBAN 

LINES — continued :  section 

Inclosed  vestibule  required  for  motor- 
man, etc.,  during  certain  months.  .  .  504 

Penalty  for  failure  to  comply  with  pro- 
visions of  act  506 

Public  utilities  commission  to  enforce 
provisions  concerning  toilet  facili- 
ties   505 

Repeal  of  Laws  of   1897,  ch.   172 507 

Seat  to  bo  provided  for  use  of  motor- 
man   504 

Toilet  facilities  to  be  provided  for  em- 
ployees and  passengers  505 

Use  of  seat  by  motorman  under  rea- 
sonable restrictions  504 

Vestibule  to  be  inclosed   and  heated .  .  504 

Violation  of  act,  acts  which  shall  con- 
stitute   506 

STREETS — 

See  Convict  Labor;   County  Pris- 
oners. 
STRIP  MINES— 

See  Shots,  Shot-firers,  etc. 
SUNDAY  LABOR— 

Ferryman  may  cross  passengers  on 
any  day  of  week 

Household  offices  of  daily  necessity, 
etc.,  excepted  

Keeping  open  any  grocery,  etc., 
penalty  

Laboring  or  compelling  other  persons 
to  labor,  penalty  

Necessity,  works  of,  excepted 

Persons  observing  other  day  of  week 
as  Sabbath,  exception  

Sale  of  drugs  or  medicines,  excepted.  . 

Sale  of  provisions  or  articles  of  im- 
mediate necessity,  excepted 

Selling    goods,    wares   or   merchandise, 

penalty     

SUPERINTENDENT  OF  INSURANCE — 

See     "Scheme     of     compensation, 
benefit     or     insurance,"     under 
Workmen's  Compensation  Act. 
SWITCH  LIGHTS,  ETC.— 

Act  not  to  apply  in  certain  cases 

Automatic  block  signals  answering 
purpose  of  switch  lights 

Equipped  and  maintained  on  all  main- 
line switch  stands  

Lights  controlling  movement  of  trains 
to  be  kept  burning  from  sunset  to 
sunrise  .•  • 

Manipulating  or  tampering  with 
switch  stand,  target,  lights,  etc .... 

Penalty  for  violation  of  act.  ........ 

Punishment  for  manipulating  lights, 
etc.,  to  mislead  train  crews 

Unlawful      act      resulting      in     death, 

felony,    punishment    

SWITCHES— 

Frogs,  switches  and  guard-rails — 

—Accidental  injury  to  be  guarded 
against  by  filling,  blocking,  and 
guarding  •  • 

— Liability  of  company  to  person  n 
jured  

— Penalty  for  violation  of  act 

— Separate  offense  each  thirty  days 
act  not  complied  with 

Lights,  etc.— 

— Act  not  to  apply  in  certain  cases.  .  . 

— Automatic  block  signals  answering 
purpose  of  switch  lights 


509 
508 
510 

508 
508 

509 
511 

511 
510 


483 
483 
483 

483 

485 
484 

485 
485 


455 

456 
456 

456 

483 
483 


251 


INDEX. 


SWITCHES — continued  :  section 

— Equipped     and    maintained    on     all 

main-line   switch   stands    483 

— Lights  controlling  movement  of 
trains  to  be  kept  burning  from  sun- 
set to  sunrise 483 

— Manipulating     or     tampering     with 

switch  stand,   target,  lights,  etc 485 

— Penalty  for  violation  of  act 484 

— Punishment  for  manipulating  lights, 

etc.,  to  mislead  train  crews 485 

— Unlawful     act     resulting     in    death, 

felony,    punishment    485 

TANK— 

See  Construction  Work. 
TAXATION— 

See  Pott  Tax. 

TELEGRAPH  WIRES  ACROSS 
RAILROADS— 

See  Wires  across  Railroad  Tracks. 
TELEPHONE  WIRES  ACROSS 
RAILROADS— 

See  Wires  across  Railroad  Tracks. 
TELEPHONES  IN  COALMINES — 

Danger  signal   or  alarm,    duty  to  give 

signal   to   others 390 

Duty  of  drivers,  motormen,  and  trip- 
riders  to  notify  others  of  danger 

signal     390 

Each   day  mine  operated   without  tele- 
phone  system    a   separate   offense...  392 
Number    of    telephones    to   be    included 

in    system     388 

Party-line  system  required  in  all  mines,  387 
Penalty    for    giving    false    danger    sig- 
nal, tampering:  with  appliances,  etc.,  391 
Penalty  for  neglect  or  refusal  to  obey 

requirements    of    act 391 

Penalty  for  neglect  to  equip  mine  with 

telephone    system     392 

Places  where  telephones  shall  be  lo- 
cated in  and  about  coal  mine 388 

Removal    from    worked-out    portion    of 

mine 389 

Unlawful  to  operate  mine  not  equipped 

with    party-line    system 387 

TEN-HOUR   DAT- 
See  Convict  Labor. 
THEATERS — 

See  Fire  Protection. 
TIME  CHECKS — 

See  Wages. 
TOWER— 

See  Construction   Work. 
TOWNS— 

See  Cities. 
TRADE-MARKS — 

See  Union  Labels,  etc. 
TRAP-DOORS — 

See   Ventilation  of  Coal  Mines 
TRIAL— 

See  Bill  of  Rights. 
TRUANCY— 

See  Child  Labor. 
UNION  LABELS,  ETC.— 

Certificate  of  filing  of  label,   etc 514 

Certificate   sufficient  proof  of   adoption 

of    label,    etc 514 

Counterfeiting  or   imitating  label,   etc., 

unlawful     512 

Counterfeits  or  imitations,  disposition 
of 515 


UNIOX  LABELS,  ETC. — continued  :         section 

Damages  awarded  for  unauthorized 
use,  etc 515 

Fee  for  filing  label,   etc 514 

Penalty  for  counterfeiting  or  imitating 
label,  etc 512 

Penalty  for  unauthorized  use, -etc.,  of 
genuine  label,  etc 516 

Penalty  for  unauthorized  use  of  name 
or  seal  of  union,  officer,  etc 517 

Penalty  for  using  counterfeit  or  imita- 
tion label,  etc 513 

Profits  derived  from  unauthorized  use, 
etc.,  paid  to  complainant 515 

Suits,  by  whom  commenced  and  prose- 
cuted   516 

Unauthorized  use,  etc.,  of  genuine 
label,  etc 516 

Unauthorized  use  of  name  or  seal  of 
union,  officer,  etc 517 

Union,  etc.,  may  enjoin  manufacture, 
etc.,  of  counterfeits  or  imitations.  .  515 

Union,  etc.,  may  file  label,  etc.,  in  of- 
fice of  secretary  of  state 514 

Using    counterfeit    or    imitation    label, 

etc 513 

UNIONS — 

See  Injunctions  in  Labor  Cases; 
Labor  Organizations;  Railroads; 
Union  Labels,  etc. 
UNLAWFUL  ASSEMBLIES — 

Agreeing  to  do  unlawful  act  after  be- 
ing lawfully  assembled,  penalty....  518 

Assembling  together  to  do  unlawful 
act,  penalty  518 

Duty  of  peace  officer  to  make  proclama- 
tion commanding  persons  to  dis- 
perse   519 

Liability  of  cities  and  towns — 

— Cities  and  towns  liable  for  actions 
of  mobs  520 

— Evidence  in  mitigation  of  damages 
in  actions  under  act  521 

— Loss  of  property  or  injury  to  life  or 
limb  520 

Movement  or  preparation  to  do  un- 
lawful act,  penalty 518 

Officer  to  call  on  other  persons  to 
assist  in  dispersing  persons  assem- 
bled, etc 519 

Penalty  for  refusal  to  render  immedi- 
ate assistance  to  officer,  etc 519 

VAGRANCY— 

Cities  of  first  class,  punishment  of 
vagrants,  etc 522 

Cities  of  second  class,  punishment  of 
vagrants,  etc 523 

Cities  of  third  class,  punishment  of 
vagrants,  etc 524 

Constant  employment  to  be  provided 
by  county  526 

Courts  authorized  to  summarily  try 
persons  and  pass  sentence  upon 
them  528 

Duty  of  officers  to  arrest  vagrants  and 
take  them  before  court  528 

Loitering  without  visible  means  of 
support  in  any  community 527 

Married  man  refusing  to  provide  for 
support  of  family  deemed  a  vagrant,  525 

Person  loitering,  etc.,  without  visible 
means  of  support  deemed  vagrant,  525 

Persons  engaged  in  unlawful  calling 
deemed  vagrants  527 

Punishment  of  vagrants    525,  527 

Refusing  to  work  when  work  at  fair 
wages  is  to  be  procured 527 


252 


INDEX. 


YA(;RAN'-Y — Continued  :  section 

Threatening  violence  or  personal  in- 
jury to  fellow  workmen  or  to  em- 
ployers of  labor  527 

Working  of  vagrants   by   county 526 

VAGUAYTS — 

See  Vagrancy. 
VENTILATION— 

See    Fire    Protection;    Ventilation 

of  Coal  Mines. 
VENTILATION   OF  COAL  MINES— 

Air-gates  not  to  be  left  open  longer 
than  while  passing  through 353 

Air- ways  to  be  examined  twice  each 
week  351 

Air- ways  to  be  provided 334 

Air- ways  to  be  provided  and  main- 
tained   349 

Amount  of  air  to  be  supplied  for  each 
person  345 

Brattice-cloth  torn  down,  mine-boss  to 
be  notified  and  replace  same 353 

Break-throughs. — See  Break-throughs 
in  Coal  Mines. 

Fall  of  roof  of  air-ways,  duty  of  mine- 
boss  350 

Klre-damp — 

— Examination  of  mines  every  morn- 
ing .  .  . 346 

— Fire-damp  to  be  diluted  and  ren- 
dered harmless  346 

— Miners  .  to  be  notified  in  case  of 
danger  346 

— Mines  generating  fire-damp  to  be 
kept  free  of  standing  gas 346 

— Record  of  inspection  to  be  made  by 
examiner  346 

Furnace  not  to  be  used  where  explo- 
sive gases  germinated 345 

Furnace  ventilation    332 

Inspection   of   mine   every   morning...  334 

Inspector  may  increase  amount  of  air 
when  necessary  334 

Inspector  may  increase  volume  of  air 
to  carry  off  noxious  gases 346 

Mining-boss  to  measure  air  current 
and  report  to  inspector 335 

Obstructions  not  to  be  placed  in  cross- 
cuts, rooms,  etc.,  used  as  air-ways.  .  350 

Openings  to  abandoned  portions,  of 
mine  to  be  securely  gobbed  or 
blocked  off  ". 345 

Owner,  agent,  or  operator  to  main- 
tain ample  means  of  ventilation.  .  .  334 

Penalty  for  failure  to  comply  with 
provisions  of  acts 340,  358 

Report  of  inspection  of  air-ways  to  be 
forwarded  to  inspector  once  each 
month  351 

Requirements     concerning     ventilation,  334 

Room-and-pillar   plan — 

— Air  to  be  split  in  four  currents.  .  .  .  345 

— Amount  of  air  to  be  supplied  for 
each  person  345 

— Ample  means  of  ventilation  to  be 
provided  345 

— Area   of   air-course   required 349 

— Furnace  not  to  be  used  where  ex- 
plosive gases  germinated 345 

— Openings  to  abandoned  portions  of 
mine  to  be  securely  gobbed  and 
blocked  off  345 

Sides  of  air-ways  caved  in,  duty  of 
mine-boss  350 


VFVTILATIOX  OF  COAL  MINES — cont. .-       tec. 

Sprinkling  of  mines  wherje  coal-dust, 
etc.,  may  accumulate 352,  382 

Stagnant  water  not  to  be  permitted  to 
remain  in  air-courses,  etc 350 

Trap-doors  not  to  be  left  open  longer 

than   while  passing   through 353 

WAGES — 

Attachment  for  wages  earned  in  an- 
other state,  when  dismissed 536 

Attachment,  personal  property  not  ex- 
empt from,  in  claims  for  wages.  .  .  .  529 

Check  or  draft — 

— Act  not  construed  as  repealing  other 
acts  specified  535 

— Act  not  to  apply  where  check  or 
draft  actually  honored  by  bank.  .  .  .  534 

— Application  for  abatement  of  action 
under  act  532 

— '"Credits,"  as  used  in  act,  defined.  .  533 

— Discharge  of  defendant  upon  pay- 
ment of  amount  of  check,  etc.,  and 
costs  532 

— Punishment  for  violating  act  when 
check,  etc.,  for  less  than  twenty  dol- 
lars   531 

— Punishment  for  violating  act  when 
check,  etc.,  for  more  than  twenty 
dollars  531 

— Unlawful  to  draw,  make,  etc.,  know- 
ing there  are  no  funds  or  credits  to 
pay  same  530 

Claims  for  wages,  personal  property 
not  exempt  from 529 

Collection  in  small  debtors'  courts. — 
See  Small  Debtors'  Courts. 

Convicts,  payment  of  wages  to. — See 
Convict  Labor. 

Execution,  personal  property  not  ex- 
empt from,  in  claims  for  wages ....  529 

Exemption  not  applicable  to  personal 
property  in  claims  for  wages 529 

Exemption  of  wages  earned  in  another 
state  536 

Garnishment — 

— Accounts  sold,  assigned,  delivered 
to  collector,  etc.,  act  not  to  be  in- 
voked   538 

— Act  not  to  exempt  earnings  of 
debtor  not  head  of  family •.  .  .  538 

— Act  not  to  hold  more  than  ten  per 
rent  and  court  costs,  before  judg- 
ment   538 

— Affidavit   for   exemption 538 

— Balance    remaining,    paid   to    debtor,  538 

— Counter  affidavit,  when  to  be  filed.  .  538 

— Earnings  of  debtor  for  personal 
services,  when  exempt 537 

— Hearing    on    affidavits 538 

— Notice  of   filing   affidavit 538 

— One  deduction  in  any  one  calendar 
month  538 

— Order  for  payment  of  funds  toward 
satisfaction  of  judgment 537 

— Property  of  judgment  debtor  applied 
to  satisfaction  of  judgment 537 

— Service  on  defendant  when  wages 
earned  in  another  state 536 

— Sickness  of  debtor  or  member  of 
family  538 

— Taking  of   earnings  after  judgment,  538 

— Ten  per  cent  and  court  costs,  etc., 
may  be  taken  and  applied  to  debts,  538 

Insolvency  of  corporation,  etc.,  wages 
of  employees  preferred 539 


253 


INDEX. 


WAGES — continued:                                     section 
Minor,   payment  to,    full  satisfaction.  .     85 
Orders      for      merchandise,      etc. — See 
"Time  checks,  due  bills,  script,  etc.," 
under  this  heading. 
Public  work. — See  Public  Work. 
Resignation  or  discharge  of  employee — 
— Discharge    of    employee,    wages    be- 
come due  as  provided  in  act 552 

— Notice  in  writing  to  foreman,  etc. .  .  540 
— Penalty  for  failure  to  pay  wages  as 

provided    in    act 541 

— Place  of  payment  of  wages 540 

— Unlawful    to    refuse    or    neglect    to 

pay  wages   within   ten  days 540 

— Wages     continue     as     though    party 

still    in   service 541 

— Wages    not    to    continue    more    than 

60  days  unless  action  brought 541 

Semimonthly  payment  by  corporations — 
— Act    not    to    apply    to    state,    or    to 

municipal   corporation    542 

— Penalty  for  violation  of  act 543 

— Repeal  of   acts  in  conflict  with  this 

act    544 

— Wages   of    mechanics,   laborers,    etc., 
to   be   paid   as   often   as   twice   each 

month     542 

Small     debtors'     courts.  —  See     Small 

Debtors'  Courts. 
Time  checks,  due  bills,  script,  etc. — 

— Act  not  to  repeal  other  acts 545 

— Dated   when   issued   and  payable    in 

money  after  fifteen  days 545 

— Due     date     stamped     for     payment 

within    fifteen    days 547 

— Failure   to  redeem    in   money,    liable 
for  double  the  amount  and  attorney 

fee    546 

— Issued   in  exchange  for  time  check, 
due    bill,    etc.,    shall   be    payable    in 

money    547 

— Penalty  for  violation  of  act 548 

Time    for    bringing    actions    for    wages, 

etc. — 

— Action  on    agreement,    etc.,    in   writ- 
ing   must    be    brought    within    five 

years 549 

— Action  on  contract,  etc.,  not  in  writ- 
in*g    must    be    brought    within    three 

years     549 

Weekly  payment  by  corporations — 
— Attorney  fee  taxed  and  collected  as 
part    of    judgment,    when    necessary 

to   bring    suit    556 

— Certain    corporations   excepted    ....  550 
— Contract   or    agreement   violating    or 

evading  act  unlawful  and  void....  554 
— Discharge    of    employee,    wages    be- 
come   due    as   provided 552 

— Liability  of  corporation  to  employees 

of   contractor 555 

— Payment  in  lawful  money  not  later 
than   Friday  of   following  week....  550 

— Penalty    due    to    employees 551 

— Penalty  for  failure  to  pay  wages  as 

provided     551 

— Time  within  which  employee  may  re- 
cover penalties    553 

— Wages    of    employees    of    contractor 
doing  work  for   corporation  payable 

as  provided  in  act    555 

See,      also,      Industrial      Welfare 

Commission;  Public  Work. 
WAGONMAKER— 

Lien  for  labor    264-266 

See,   also,  Liens  for  Labor. 


WASHINGTON'S  BIRTHDAY —  section 

Legal   holiday    230 

WATER — 

Stagnant  water  not  to  be  permitted  to 
remain  in  air-courses,  etc 350 

Standing    water    not    to   be    allowed   to 

accumulate  in  mine    347 

WAY  CARS   OH  CABOOSES— 

Act  not  applicable  to  passenger  or 
combination  passenger  and  baggage 
cars  487 

Corporations  and  persons  to  which  act 
shall  apply  486 

Specifications  for  way  cars  or  cabooses 

or  use  in  Kansas 487 

WEIGHING   OF  COAL  AT  MINES— 

Check-weighman  may  be  employed  by 
miners  395 

Check-weighman  subject  to  same  oath 
and  penalties  as  regular  weighman,  395 

Coal  accepted  to  be  weighed,  etc.'.  ...  397 

Coal  sent  to  surface  to  be  accepted  or 
rejected  397 

Coal  to  be  accounted  for  at  legal  rate 
of  weights  before  being  screened, 
etc 393 

Contracts,  agreements,  etc.,  waiving, 
modifying  or  annulling  act,  void  and 
of  no  effect  397 

Defects,  etc.,  in  scales  called  to  at- 
tention of  mine  owner,  etc 399 

Failure  to  put  scales  in  proper  ad- 
justment, penalty  399 

Incorrect  weighing  of  coal,  resorting 
to  any  means  for,  penalty 396 

Inspector  of  weights,  measures,  and 
scales  399 

Loaders  in  mines  included  in  pro- 
visions of  act  ' 398 

Loading  by  ton  or  bushel,  output  to 
be  weighed,  etc 398 

Oath  of  weighman,  posted  in  weigh- 
office  394 

Penalty  for  violation  of  provisions  of 
act  394 

Prosecutions  for  failure  to  comply 
with  act  concerning  scales,  etc 399 

Refusal  to  allow  inspector  or  deputy 
to  test  scales,  penalty 399 

Right  of  action  not  invalidated  by 
contract,  etc 397 

Rights  and  privileges  of  check-weigh- 
man  395 

Scale  or  scales  for  fraudulent  weigh- 
ing, penalty  • 396 

Testing   of   scales    399 

Unlawful  to  pass  coal  over  screen  be- 
fore weighing  3J 

Weighman   to   subscribe   oath 394 

WEIGHMAN — 

See  Weighing  of  Coal  at  Mines. 
WELFARE  COMMISSION— 

See    Industrial    Welfare    Commis- 
sion. 
WIRES  ACROSS  RAILROAD  TRACKS— 

Complaint    to    public    utilities    commis- 
sion     490 

Duty  of  public  utilities  commission .  .  .  489 

Interference  with  wires  of  other  utility,  489 

Investigation  by  public  utilities  com- 
mission   490 

Minimum  height  of  wires  from  tops  of 
rails  489 

Order  by  public  utilities  commission 
for  placing  of  wires,  etc 490 

Repeal    of   former    act 491 


254 


INDEX. 


WIRES  ACROSS  RAILROAD  TRACKS — cont. :  see 

Stringing  of  wires  which  cross  over 
or  under  tracks 489 

Telegraph  and  telephone  wires,  rules 
for  stringing  489 

Transmission  of  electricity,  rules  for 
Bringing  of  wires  for  489 

Trolley  wires,  etc.,  height  above  track,  481 
WOMEN   AND   GIRLS— 

Employers  to  furnish  chairs,  stools, 
etc 65 

Failure  of  employer  to   furnish  chairs, 

stools,   etc.,   penalty    65 

See,  also,  Industrial  Welfare  Com- 
mission. 
WORDS  AXD  PHRASES  DEFINED — 

"Agent"  (health-and-safety  act  relat- 
ing to  coal  mines) 341 

"Apprentice"  (act  creating  industrial 
welfare  commission)  245 

"Arising  out  of  and  in  the  course  of 
employment"  (workmen's  compen- 
sation act)  564 

"Building  work"  (workmen's  com- 
pensation act)  564 

"Children"  (act  relating  to  department 
of  labor  and  industry) 175 

"Credits"  (act  concerning  drawing  of 
checks  or  drafts) 533 

"Dependents"  (workmen's  compensa- 
tion act)  564 

"Electrical  work"  (workmen's  com- 
pensation act)  564 

"Employee"  (act  concerning  free 
passes,  etc.,  on  railroads) 449 

"Employer"  (workmen's  compensation 
act)  564 

"Engineering  work"  (workmen's  com- 
pensation act)  564 

"Factory"  (act  relating  to  department 
of  labor  and  industry) 175 

"Factory"  (workmen's  compensation 
act)  564 

"Family"  (act  concerning  free  passes, 
etc.,  on  railroads)  450 

"Learner"  (act  creating  industrial 
welfare  commission)  245 

"Lessee"  (health  and  safety  act  re- 
lating to  coal  mines) 341 

"Manual  labor  in  private  house."  etc. 
(act  relating  to  department  of  labor 
and  industry)  175 

"Manufacturing  establishments"  (fac- 
tory act)  291 

"Members  of  a  family"  (workmen's 
compensation  act)  564 

"Mine"  (workmen's  compensation  act),  564 

"Minor"  (act  relating  to  department 
of  labor  and  industry) 175 

"Minor"  (act  creating  industrial  wel- 
fare commission)  245 

"Occupation"  (act  creating  industrial 
welfare  commission)  245 

"Operator"  (health-and-safety  act  re- 
lating to  coal  mines) 341 

"Owner"  (health-and-safety  act  relat- 
ing to  coal  mines) 341 

"Person"  (act  relating  to  department 
of  labor  and  industry) 175 

"Person"     (factory    act) 292 

"Quarry"  (workmen's  compensation 
act)  564 

"Railway"  (workmen's  compensation 
act)  564 

"Women"  (act  relating  to  department 
of  labor  and  industry) 175 

"Women"  (act  creating  industrial 
welfare  commission)  245 

255 


WORDS  AND  PHRASES  DEFINED — cont. :     gee. 
"Workman"       (workmen's      compensa- 
tion   act)     564 

"Workshop"  (act  relating  to  depart- 
ment of  labor  and  industry) 175 

WORK   PERMITS — 

See  Child  Labor. 

WORKMEN'S  COMPENSATION  ACT— 
Accidents    for    which    principal    liable 

to  employees  of  contractor 559 

Act  not  to  affect  liability  to  fine  or 
Penalty  553 

Actions  for  compensation — 

— Action  not  to  be  brought  outside 
the  state  590 

— Action  to  set  aside  release  joined 
with  action  for  compensation 590 

— Action  where  death  results  from  in- 
•iury  590 

— Caxise  of  action  deemed  accrued  at 
time  of  accident 591 

— Consent  to  arbitration  by  workman, 
provisions  concerning  590 

— Distribution   of   compensation 590 

— Employee  not  within  act,  defenses 
available  to  employer 601 

— Employer  not  within  act,  defenses 
abrogated  600 

— Judgment  for  lump  sum  or  periodi- 
cal payments  590 

— Jury,  right  to,  deemed  waived  un- 
less demanded  590 

— Notice  by  publication  in  such  ac- 
tion   590 

— Review  of  judgment  after  six 
months  590 

— Time  for  bringing  action,  when  to 
begin  to  run 595 

— Workmen's  right  determined  and 
enforced  by  action 590 

Acts  not  amended  or  repealed  by  this 
act  602 

Agreement,  compensation  may  be  settled 
.  bv  577 

Agreements  for  modification  of  award 
not  valid  unless  filed,  etc 582 

Agricultural    pursuits    exempted 561 

Amount  of  compensation  to  which 
workman  shall  be  entitled 566 

Annual  earnings,   rules  for  computing,  567 

Arbitration — 

— Amount  of  fees  of  arbitrator  when 
not  fixed  by  agreement 580 

— Appointment    of    arbitrator 573 

— Award,    making   and    filing 579 

— Consent  to  arbitration  to  be  in 
writing  573 

— Extension  of   time  for  filing   award,  579 

— Fees   of    arbitrator 580 

— Findings  that  may  be  required  by 
either  party  573 

— Lien  of  arbitrator  on  first  payments 
due  under  award 580 

— Notice  of  filing  award 579 

— Order  of  court  to  compel  committee 
or  arbitrator  to  file  award 579 

— Power  of  committee  to   adopt  rules,  578 

— Procedure  before  committee  or  ar- 
bitrator   579 

— Questions  referred    .' 578 

— Settlement  by  committee  representa- 
tive of  employer  and  workman,  if  no 
objection  made 578 

— Settlement   by    single   arbitrator.  .  .  .  578 

— Taxing  of  fees  and  costs  by  arbi- 
trator   580 


INDEX. 


WORKMEN'S  COMPENSATION  ACT — cont. :    sec. 
See,    also,    "Awards,"    under    this 
heading. 

"Arising  out  of  and  in  the  course  of 
employment,"  as  used  in  act,  de- 
nned   564 

Assumption  of  risk  or  hazard,  when 
not  a  defense  600 

Assumption  of  risk,  when  a  defense.  .  601 

Attorney's  fees — 

— Approval  of  contract  by  judge  of 
district  court  592 

— Claim  of  attorney  not  enforceable 
lien  unless  contract  in  writing ....  592 

— Notice  on  submission  of  matter  to 
judge  of  district  court 592 

— Submission  of  matter  to  judge  of 
district  court  592 

Average  annual  earnings,  rules  for 
computing  567 

Average  earnings  as  basis  for  compen- 
sation for  later  injury,  after  pre- 
vious disability  567 

Awards — 

— Agreement  for  modification  not 
valid  unless  filed,  etc 582 

— Application  for  review  of  award, 
etc 584 

— Appointment  of  physicians  and  sur- 
geons to  make  examination  on  re- 
view of  award,  etc 584 

— Award  to  be  in  writing,  signed,  and 
acknowledged  581 

— Award  to  specify  amount  due  and 
unpaid  by  employer  to  workman.  .  .  581 

— Awards  which  may  not  be  reviewed,  584 

— Credit  for  previous  payments 581 

— Evidence   on  review  of   award,   etc.,  584 

— Grounds  for   cancellation   of   award,  584 

— Grounds  for  modification  of   award,  584 

— Lump  sum,  amount  which  may  be 
provided  for  payment  in  award.  .  .  .  581 

— Modification  by  subsequent  written 
agreement  582 

— Payments  to  be  provided  for 581 

— Redemption  of  award  by  payment 
of  lump  sum 587 

— Review  of   award,   etc.,   by  judge  of 

district    court    584 

See,     also,     "Arbitration,"     under 
this  heading. 

Benefit,  substitution  of  scheme  of,  etc.,  593 

Bond  to  secure  payment  of  compen- 
sation   586 

"Building  work,"  as  used  in  act,  de- 
fined   564 

Cases  in  which  employer  not  liable 
under  act  •  •  •  557 

Certificate  for  scheme  of  compensation, 
benefit  or  insurance 593 

Certificate  of  physician  or  surgeon, 
when  competent  evidence 575 

Change,  of  election  by  employee 599 

Change  of  election  by  employer 598 

Claim  for  compensation  not  assignable 
or  subject  to  levy,  etc 570 

Claim    for    compensation    required.  .  .  .  576 

Clerk  of  district  court  to  file  awards, 
agreements,  etc 583 

Compensation,  case  in  which  employer 
not  liable  557 

Compensation  exclusive  of  other  reme- 
dies or  causes  of  action 566 

Compensation,  person  paying  entitled 
to  damages  against  person  liable  for 
injury  560 


WORKMEN'S  COMPENSATON  ACT — cont. .-     sec. 

Compensation,  substitution  of  scheme 
of,  etc 593 

Compensation,  workman  not  entitled 
to  both  damages  and 560 

Contract  for  substitution  of  compensa- 
tion, benefit  or  insurance *.  .  593 

Contract  requiring  employee  to  make 
election  not  to  come  within  pro- 
visions of  act,  void 599 

Contractor,  principal  liable  to  em- 
ployee of  559 

Contractor,  workman  may  recover 
from,  instead  of  principal 559 

Contributory  negligence,  when  a  de- 
fense   601 

Contributory  negligence,  when  not  a 
defense  600 

Costs  and  fees — 

— Amount  of  fees  of  arbitrator  when 
not  fixed  by  agreement 580 

— Amount  taxed  to  employer  added 
to  first  payment 580 

— Fees   of    arbitrator 580 

— Lien  of  arbitrator  on  first  pay- 
ments due  under  award 580 

— Taxing  of  costs  and  fees  by  arbitra- 
tor   580 

Credit  to  employer  for  amounts  paid 
before  award  or  judgment 567 

Damages,  workman  not  entitled  to 
recover  both  compensation  and.  .  .  560 

Death  not  resulting  from  injury,  com- 
pensation   566 

Death  resulting  from  injury,  compen- 
sation   566 

Declaration  of  employee  not  to  come 
within  act,  where  filed;  duplicate, 
where  filed  599 

Definition  of  words  and  phrases  used 
in  act  564 

Deliberate  intention  of  workman  to 
cause  injury,  employer  not  liable.  .  557 

"Dependents,"  as  used  in  act,  defined,  564 

Dependents,  payment  of  compensation 
to  569 

Discharge  of  employer  on  payment  of 
compensation  to  dependents  or  ad- 
ministrator   569 

Distribution  of  compensation  among 
dependents  569 

District  court  having  jurisdiction,  etc., 
construction  of  references  to 589 

District  court  to  make  necessary  rules,  589 

Effect  of  want  of  or  defect  in  notice  or 
service  576 

Election  by  employers  having  less  than 
five  workmen  563 

Election  of  employee,  contract  requir- 
ing, void  599 

Election  of  employer  changed  by  filing 
written  statement  598 

Election  of  employer,  notice  to  be 
posted  598 

Election  of  employers  to  come  within 
provisions  of  act 561 

"Electrical  work,"  as  used  in  act,  de- 
fined   564 

Employee  entitled  to  come  within  act 
deemed  within  act  unless  declara- 
tion filed,  etc 599 

Employee  not  within  act,  defenses  to 
action  continued  601 

"Employer,"   as  used  in  act,  defined.  .  564 

Employer  liable  to  pay  compensation 
to  injured  employee  in  accordance 
with  act  557 


256 


INDEX. 


WORKMEN'S  COMPENSATION'  ACT — cont. :    sv<\ 

Employer  not  within  act,  defenses 
abrogated 600 

Employers  entitled  to  come  within  act 
deemed  within  act  unless  statement 
filed,  exception  598 

Employers  to  whom   act   shall   apply.  .  563 

Employers  within  actj  employees  with- 
in act  unless  election  fijed 561 

Employment  to   which   act   shall  apply,  561 

Employments  determined  to  be  es- 
pecially dangerous  561 

"Engineering  work,"  as  used  in  act, 
defined  564 

Execution  on  judgment  on  award,  etc., 
when  not  to  issue 585 

Exemption  of  claim  for  compensation 
from  levy,  etc.,  cannot  be  waived.  .  570 

"Factory," 'as  used  in  act,  denned.  .  .  .  564 

Fellow  servant,  want  of  due  care  of, 
when  a  defense 601 

Fellow  servant,  want  of  due  care  of, 
when  not  a  defense 600 

Filing  of  awards,  agreements,  final 
receipts,  etc.,  by  clerk  of  district 
court  without  fee 583 

Final  receipt  or  release  to  be  filed,  etc.,  583 

Final  receipt  or  release  void  unless 
filed,  etc 583 

Final  receipt  upon  final  payment  by 
employer  583 

Funeral  expenses,  distribution  when 
there  are  no  dependents 569 

Guardian  or  workmen  mentally  in- 
competent, minor,  etc.,  may  exercise 
right,  privilege  or  election  under  act,  565 

Incapacity  of  employee,  limitation  not 
to  run  as  to  service  of  notice 576 

Insurance  at  expense  of  employer, 
rights  and  duties  of  insurer 588 

Insurance,  substitution  of  scheme  of 
compensation,  benefit  or 593 

Insurer  subrogated  to  rights  and 
duties  of  employer,  etc 588 

Interstate  commerce,  act  not  to  ap- 
ply to  business  or  employments  en- 
gaged in  5 

Interstate  commerce,  act  not  to  apply 
to  persons  injured  while  engaged 
in  562 

Judgments  on  agreements  or  awards — 

— Application     for    judgment 585 

— Approval  of  certificate  or  bond  by 
district  judge  586 

— Bond  to  secure  payment  of  compen- 
sation   586 

— Employer  may  file  certificate  of  in- 
surance company  that  amount  is  in- 
sured, etc 586 

— Execution  not  to  issue  if  bond  given 
and  payments  continued 585 

— Ground  for  making  application ....  585 

— Hearing    by    court    585 

— Judgment,    when    rendered 585 

— Lump  sum  judgment  that  may  be 
awarded  ; 

— Notice    to    employer 585 

— Stay  of  proceedings  by  employer.  .  .  586 
Limitation    not    to   run    if   minor,    etc., 

has    no    guardian 565 

Loss    of    hand,    arm.    etc.,    amount    of 

compensation     56 

Loss    of   use   of   hand,    arm,    etc.,    how 

considered 566 

Lump  sum  judgment  on  agreement  or 
award  585 


VORK.MKN :">  Cn.MI'KNSATIOX  ACT COUt.  :     8CC. 

Medical  and  funeral  expenses,  dis- 
tribution when  there  are  no  de- 
pendents   569 

Medical  examination  of  employee— 
— Appointment  of  physicians  and  sur- 
geons   to    make    examination    on    re- 
view of  award,   etc 584 

— Employee  entitled  to  have  physician 

or    surgeon    present 571 

— Employee    or    physician    or    surgeon 
obstructing    examination    .........  574 

— Employment  of  neutral  physician  to 

make    examination    572 

— Examination  by  physician  or  sur- 
geon selected  by  employer 571 

— Fee  for  report  of  physician  or  sur- 
geon   571 

— Petition   for   examination  by   neutral 

physician,   expenses,    etc 572 

— Physician  of  employer  not  to  give 
evidence  unless  physician  of  em- 
ployee permitted  to  participate  in 

examination     -  -  571 

— Physician  or  surgeon  not  to  give 
evidence  unless  opportunity  given 
for  examination  by  other  physician, 

etc 573 

— 'Refusal  of  employee  to  submit  to  ex- 
amination   574 

— Report  of  examination,  etc.,  not 
competent  evidence  unless  supported 

by  testimony  of  physician 575 

— Report  of  physician  or  surgeon  may 

be  required  by  other  party 571 

— Report     or     certificate     inadmissible 

when    testimony    inadmissible 575 

— Right  to  compensation  suspended 
during  time  examination  obstructed 

or  prevented  by  employee,  etc 574 

— Testimony    of    physician 571 

"Members  of  a  family,"  as  used  in  act, 

defined      564 

"Mine,"    as  used   in   act,    defined 564 

Mines   within  provisions  of   act 563 

Modification    of    regulation    concerning 

payments      •  •  568 

Notice,    effect  of  want  of  or   defect   in 

service   of    576 

Notice,   matters  to  be  stated 576 

Notice  to  be  posted  of  election  of  em- 
ployer   598 

Notice  to  be  served  on  employer  be- 
fore proceedings  for  recovery  of 

compensation   maintainable    576 

Number  of  persons  employed,  em- 
ployers within  act 563 

Payments    made    in    same    manner    as 

wages    were    payable 568 

Permanent  loss   of   use   of  hand,    arm, 

etc.,    how    considered 564 

Principal  contractor  paying  compensa- 
tion may  recover  from  subcon- 
tractor '. 559 

Principal    entitled    to    indemnity    from  _ 

contractor    559 

Principal  liable  to  workman  of  con- 
tractor   559 

"Quarry,"  as  used  in  act,  defined.  .  .  .  564 
"Railway,"  as  used  in  act,  defined.  .  564 
Recording  and  indexing  of  papers 

filed    with    clerk    of    district    court.  .  583 
Records    and   books   for   filing,    etc.,   to 
be  furnished  by   county   commission- 
ers     583 


257 


17— Labor— 1725 


INDEX. 


WORKMEN'S  COMPENSATION  ACT — cont. :    sec. 

Redemption  of  liability  under  awards — 

— Amount  of  lump  sum  to  be  paid.  .  .  587 

— Application  for  determination  of 
amount  to  be  paid 587 

— Determination  of  amount  by  agree- 
ment   587 

— Employer  discharged  from  further 
liability  587 

— Notice  of  application  for  determina- 
tion of  amount 587 

— Redemption  after  payments  made 
for  six  months 587 

Remedies  of  workman  against  em- 
ployer and  others 560 

Report  of  physician  or  surgeon,  when 
competent  evidence  575 

Review  of  awards,  etc.,  by  judge  of 
district  court  584 

Rights  saved  which  accrued  before 
publication  of  act 561 

Rules  to  be  made  by  district  court.  .  .  589 

Rules  to  be  observed  in  computing  av- 
erage annual  earnings 567 

Scheme  of  compensation,  benefit  or 
insurance — 

— Causes  for  revocation   of   certificate,  595 

— Certificate  of  superintendent  of  in- 
surance with  approval  of  attorney- 
general  593 

\-Contract  with  workmen  for  substi- 
tution of  scheme  for  provisions  of 
tvct  593 

— Employer  liable  only  in  accordance 
with  scheme  593 

— Employer  to  answer  inquiries  and 
furnish  accounts  to  superintendent 
of  insurance  596 

— Information  to  be  furnished  by  em- 
ployer to  superintendent  of  insur- 
ance   596 

— Provisions  for  distribution  of 
moneys,  etc.,  when  scheme  termi- 
nated   594 

— Revocation  of  certificate  and  ter- 
mination of  scheme 595 

— Rules  and  regulations  to  be  made 
by  superintendent  of  insurance.  .  .  .  597 

— Scheme  not  certified  unless  provi- 
sions for  distribution  of  moneys,  etc., 
made  594 


WORKMEN'S  COMPENSATION  ACT — rout.  .•    .sv<.-. 

Sections  of  former  act  repealed  by 
Laws  of  1917,  ch.  226 ".  603 

Service   of   notice 575 

Settlement  of  compensation  by  agree- 
ment   577 

Stay  of  proceedings  on  application  for 
judgment  on  agreement  or  award.  .  586 

Subcontractor,  principal  contractor 
may  implead  559 

Substitution  of  scheme  of  compensa- 
tion, benefit  or  insurance 593 

Testimony  of  physician  or  surgeon — 

— Physician  of  either  party  not  per- 
mitted to  testify  unless  opportunity 
given  for  examination  by  other 
physician  573 

— Physician  of  employer,  when  per- 
mitted to  testify 571 

— Report  or  certificate  inadmissible 
when  testimony  inadmissible 575 

— Report  or  certificate  not  competent 
evidence  unless  supported  by  evi- 
dence of  physician .* 575 

— Testimony  of  physician  who  actu- 
ally makes  examination 571 

Treatment  and  care  of  injured  em- 
ployees   566 

Willful  failure  of  employee  to  use 
guard,  etc.,  employer  not  liable.  .  .  .  557 

Willful  negligence  of  employer,  etc., 
defenses  not  available 601 

"Workman,"  as  used  in  act,  defined.  .  564 

Written    notice    required 576 

Written  statement  on  election  of  em- 
ployer to  come  within  act 561 

WRONGFUL   DEATH— 

Action  brought  by  personal  represent- 
atives of  deceased 604 

Distribution   of   amount  obtained 604 

Limit  of  amount  of  damages 604 

Next  of  kin  may  bring  action  in  cer- 
tain cases  605 

Time   for  bringing   action 604 

Widow  may  bring  action  in  certain 
cases  605 

ZINC  MINES — 

See  Lead  and  Zinc  Mines;  Mines. 


ERRATUM. 

Lines  3  and  4 — commencing  with  "(&)" — of  the  footnote  on  page  70  were  transposed 
from  page  71  and  skould  appear  immediately  preceding  "(c)"  and  "(d)"  on  page  71. 


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